Repairing & Renovation of Boiler lifts of Unit 3, 4 & 5 from 0.00 mtr. to 58.00 mtr. at GTPS

 Safe Maintenance Procedure

EW-371 PUR-F-006 RFQ-79155

 ACKNOWLEDGEMENT OF TENDER FEE

 TENDER NOTICE

EW-371 PUR-F-006 RFQ-79155

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

[email protected] Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

e- Tender for the

-“Repairing & Renovation of Boiler lifts of Unit # 3, 4 &

5 from 0.00 mtr. to 58.00 mtr. at GTPS.

TENDER FEE PAID VIDE DEMAND DRAFT NO. _________________________________

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

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

assigning any reasons thereof.

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

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

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

ELECTRICITY CORPORATION LTD.” payable at Gandhinagar TPS

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW-371 PUR-F-006 RFQ-79155

GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Gandhinagar Thermal Power Station, Gandhinagar, India–382041.

[email protected] Website: www.gsecl.in

CIN:U40100GJ1993SGCO19988

Tender Notice No: GSECL/___/ __/ For Civil works

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

“Repairing & Renovation of Boiler lifts of Unit # 3, 4 & 5 from 0.00 mtr. to

58.00 mtr. at GTPS..

Tender Papers & Specifications may be down loaded from Web site

https://gsecl.nprocure.com(For view, down load and on line submission) and GUVNL /

GSECL web sites www.gsecl.in (For view only).All tender documents are to be upload (Notarized

/ self-attested copies of original – as specified in tender document) through online only

(mandatory) on (n) procure portal excluding Tender fee and EMD Tender fee and EMD are to be

submitted physically by Registered Post A.D. or Speed Post addressed to: CHIEF ENGINEER

(GENERATION), GUJARAT STATE ELECTRICITY CORPORATION LTD, THERMAL POWER

STATION, GANDHINAGAR-382041, GUJARAT. “NO COURIER SERVICE OR HAND DELIVERY”

will be accepted.

Tende Time E.M.D.

Name of Work Estimated Fee Rs.+

r No. Limit Rs.

amount Rs. G.S.T 18%

EW- “Repairing & Rs. 48,00,581.97

371 Renovation of (In words: - (Eleven) Rs. 2500+ 450 Rs.

Boiler lifts of Fourty Eight lakhs Months (18% GST) =

Unit # 3, 4 & 5 Five hundred from the Rs. 2950/- (Rupees One

from 0.00 mtr. Eighty One and (Rupees Two Lakh Forty

Ninety Seven written Thousand Nine Four Thousand

to 58.00 mtr. order to Hundred Fifty Eighteen)

At GTPS. commence (Non Refundable)

180 Days [From the opening of

1 Validity of Tender

Technical Bid].

Last Date for Online tender / offer submission through

2 As per Tender Notice

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

Last Date for physical receipt of cover for DD / Bank

Guarantee / Online payment reference for Tender Fee and

3 As per Tender Notice

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

Date of opening of online Technical Bid, all relevant

documents submitted through online process, Cover for

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

will be opened for Bidders who have submitted Cover for

Tender Fee and EMD)

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

at 15.30 hrs. website www.nprocure.com and

also with e-mail sent by above

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW-371 PUR-F-006 RFQ-79155

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

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

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

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

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

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

3. Attested copy of PAN No.

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

5. List of work in progress.

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

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

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

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

10. Details of technical personnel.

11. Undertaking duly Notarized as per attached Declaration Form

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

15. Attached The Copy Of GST Registration.

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

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

matter will be entertained.

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

(e-tendering) documents then such tender will not be considered and no any further

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

Tenders will be rejected.

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

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

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

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

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

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

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

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

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

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

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

asked to collect the tender documents from the tender inviting authorities for the purpose

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

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

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

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

submit required Physical documents as stated in Tender Notice

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

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

Tender Fee and EMD.

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

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

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

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

(if arranged) the same may please be discussed

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

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

product which they are manufacturing / service which they are providing and have

Udyam registration for items / service under procurement.

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

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

Start-up India Program and has obtained Udyam registration.

3. Organization which has registration certificate for the manufacturing product of the

tender, from Gujarat Khadi Gramodyog Board or Khadi and Village Industries

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

EW-371 PUR-F-006 RFQ-79155

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

manufactured items.

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

deaf, disabled, mentally disabled persons;(ii)women's self-help group recognized by

Gujarat Livelihood Promotion Company; which participate directly in tendering process

for the product which they are manufacturing / service which /they are providing.

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

Manufacturers or Service Providers, and holds a valid Udyam Registration, are eligible

for exemption from payment of Earnest Money Deposit (EMD).

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

categories (i.e. other than Manufacturers/Service Providers) are not eligible for EMD

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

of investment in plant and machinery or equipment or turnover or both, and

consequent re-classification, an enterprise shall continue to avail of all non-tax benefits

of the category (micro or small or medium) it was in before the re-classification, for a

period of three years from the date of such upward change.

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW-371 PUR-F-006 RFQ-79155

 DECLARATION FORM CUM UNDER TAKING

TO BE SIGNED BY BIDDER

 RTGS DETAILS OF BIDDER

 PROJECT SYNOPSIS

 SCOPE OF WORK AND SITE CONDITION

 SPECIAL NOTE FOR PRE-QUALIFICATION

 GENERAL INSTRUCTION TO THE BIDDER

EW-371 PUR-F-006 RFQ-79155

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

– Judicial Stamp Paper)

DECLARATION FORM

Name of Work: “Repairing & Renovation of Boiler lifts of Unit # 3, 4 & 5 from 0.00 mtr.

to 58.00 mtr. at GTPS.

Tender No/ RFQ No:

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

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

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

agree to execute the same accordingly.

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

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

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

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

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

entertained by the tender inviting authority.

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

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

factors pertaining to the work before submitting the tender.

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

& commercial deviations.

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

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

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

Electricity Corporation Limited the sums of money due.

EW-371 PUR-F-006 RFQ-79155

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

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

the work after issuance of date of commencement by GSECL.

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

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

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

terms, rate & conditions.

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

hereby also declare and undertake as under:

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

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

___________Thermal Power Station for the nature of work of ______ against work

Order No. ______ Dt. ______., I have complied with the provisions of all laws as

applicable. I have paid the wages for the month/s of my contractual period

which is / are not less than the minimum rates as applicable, to all my

employee/s and no other dues are payable to my employee/s.

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

Provident Funds and Miscellaneous Provisions Act, 1952 and deposited the

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

my contractual period and as such no amount towards contribution whatever

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

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

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

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

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

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

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

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

authorized signatory of M/s ______________________________________________

their proprietor / any partner / any directors of the firm is not stop deal and /

or banned for business dealing and / or black listed by GUVNL and / or their

any subsidiary company viz. GSECL / GETCO / DGVCL / MGVCL / UGVCL /

PGVCL as well as Government and / or Semi Government company /

Seal & Signature of the Bidder

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

EW-371 PUR-F-006 RFQ-79155

e- Tender for the work of “Repairing & Renovation of Boiler lifts of Unit # 3, 4 &

from 0.00 mtr. to 58.00 mtr. at GTPS.

RTGS DETAIL OF BIDDER

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

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

1 Name of Bidder :-

2 Address for correspondence :-

4 Phone / Mobile No. :-

5 Name of Beneficiary :-

6 Bank Account Number of :-

7 Name of Bank of beneficiary :-

8 Name of Bank, branch & :-

9 Type of account :-

10 Bank Code :-

11 RTGS Code :-

12 IFSC Code :-

EW-371 PUR-F-006 RFQ-79155

Project Synopsis and Data

1) Location :- Gandhinagar Thermal power station

2) Purchaser :- GUJARAT STATE ELECTRICITY CORPORATION

3) Engineer :- Chief Engineer(Gen)

4) Site of Project :- Gandhinagar,Gujarat State

5) Nearest town :- Gandhinagar

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

distance of about 30.00Km)

7) Nearest Port :-

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

9) Access Road :-

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

11) Meteorological Data

 Ambient Air temperature

1] Highest monthly mean of daily :- 350 C

Max. Temperature (

2] Maximum dry bulb :- 450 C

Temperature ( In 0C)

3] Minimum dry bulb :- 8.60 C

Temperature ( In 0C)

1] Average annual rainfall (In :- 1000 to 1200mm

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

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

 Wind velocity

1] Maximum wind velocity (In :-

2] Wind direction – N,NE & SW :-

3] For 24 hour ( In mm) :-

 Relative Humidity

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

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

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

4] Type of Atmosphere :- Dry

12) DESIGN DATA

 Seismic Data :-

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

 Ambient temperature :-

 Other Data :-

EW-371 PUR-F-006 RFQ-79155

SCOPE OF WORK AND SITE CONDITIONS

The main scope of the work is “Repairing & Renovation of Boiler lifts of Unit # 3, 4 &

5 from 0.00 mtr. to 58.00 mtr. at GTPS.

The item work shall be carried out as per item specification and as directed by E.I.C.

includes all required materials, tools, tackles, and required safety precautions for

success completion of work.

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

items of Schedule B and as per detail technical specification items. The quantities

taken under individual items are very tentative. However the agency has to carry out

the works as and when required & as per the Company’s requirements.

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

time to time even in on or off working hours of the office. The agency will take

complete care and will not damage any other structure in premises of company.

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

norms, with all risks including scaffolding, strutting, shoring, etc up to any height

irrespective of quantum of the work.

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

operation of departments of company and agencies, all necessary arrangement to get

work permit is to be made by contractor. Day to day cleaning is required after

completion of job. The removed materials and any other unwanted materials are to be

transported and taken away as instructed by E.I.C.

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

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

the site, Disposal of debris etc as directed by EIC to complete the work.

The major works involvement generally mentioned as per schedule-B.

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

the sump, Disposal of debris etc,

The major works involvement generally mentioned as here under---

 Dismentalling of sheet roofing including ridges,..

 Providing and fixing colour coated 0.5 mm (TCT) thick Galvalume sheet…

 Prov ridges or hips 600 mm overall in plain G.I sheet class - 3 fixed with G.I J or L

 Steel work welded in built up sections framed work including cutting, hoisting,…

 Painting two coats (excluding primer coat) on new steel and…

 Demolition of Brick work and Stone masonry including stacking of servicable

 Brick work using common burnt clay building bricks having crushing strength…

 Providing 15mm thick cement plaster in single coat on Rough (similar) side of

 Providing cement vata (10cm X 10cm size) quarter roind…

EW-371 PUR-F-006 RFQ-79155

 Erection of Temporary Approach scaffolding from available Firm platform/Ground…

 Removing dry or oil bound distemper by a washing and scraping and sand

 Dismentling doors, windows, ventilators etc. (wood or steel)shutters…

 Providing and applying two coat of Acrylic Wall Putty up to required thickness…

 Providing and applying one coat of water based cement interior primer…

 Providing and applying two coats of washable interior emulsion paint…

 Providing and fixing PVC Printed pain colour false ceiling with grid type…

 Providing and fixing window having extruded aluminum Colour anodized section

 Any item of R & B / GSECL(GEB) SOR …

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW-371 PUR-F-006 RFQ-79155

Registration in VMS System

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

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

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

the VMS system for smooth functioning of payment.

Documents required for Registration:

(2) GST Certificate Copy

(4) Full Name of Vendor

EW-371 PUR-F-006 RFQ-79155

SPECIAL NOTE FOR PRE-QUALIFICATION

Name of work: “Repairing & Renovation of Boiler lifts of Unit # 3, 4 & 5 from

mtr. to 58.00 mtr. at GTPS.

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

submit the technical bid with the following credentials for post-qualification.

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

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

/ GSECL / GETCO / DGVCL / MGVCL / UGVCL/PGVCL during the last seven years ending

last day of the month previous to the one in which tender is invited. Bidder should submit

self-attested copies of documentary evidence, preferably photo copies of work completion

certificate, certificate regarding works on hand progressing satisfactorily along with

certificate of amount of work done, work order with Schedule-B, etc. from the respective

department. The amount of work completed should be either of the following:-

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

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

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

Similar work means: General Civil construction / maintenance works/ Fabrication work.

2. Contractor has to submit satisfactory work completion certificate of the client. Experience

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

joint venture or sub-contractor is not allowed and price bid of such bidders will be

3. Financial qualification criteria:

1) The Average Annual Turnover of the bidder, shall not be less than Rs. 14.40 Lakh during the

preceding three (3) financial years as one date of Techno-Commercial bid opening.

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

last day of the preceding financial year. In case the Bidder meets the requirement of Net worth

based on the strength of its Subsidiary (ies) and/or Holding company and/or Subsidiaries of its

Holding Companies wherever applicable, the Net worth of the Bidder and its Subsidiary (ies)

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

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

Net worth should not be less than 75% of their respective paid share capitals.

Net worth in combined manner shall be calculated as follows:

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

which shall not be less than 75 % of the respective paid up share capitals and y1, y2, y3 are

individual paid up share capitals.

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

basis, the unaudited unconsolidated financial statements of the bidder can be considered

acceptable provided the bidder further furnishes the following documents for substantiation of

its qualification.

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

copies of the Audited consolidated financial statements of its Holding Company.

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

unconsolidated financial statements form part of the Consolidated Annual Report of the

EW-371 PUR-F-006 RFQ-79155

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

commercial bid opening are not available, the financial results certified by a practicing

Chartered Accountant shall be considered acceptable. In case, Bidder is not able to submit the

Certificate from practicing Chartered Accountant certifying its financial parameters, the audited

results of three consecutive financial years preceding the last financial year shall be considered

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

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

Techno-commercial bid opening and the Certificate from the practicing Chartered Accountant

certifying the financial parameters is not available.

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

Financial QR, duly certified and verified for authenticity from Independent Statutory Auditor of

their company / Practicing Charted Accountant/ C.A. Firms / TPIA (Third-Party Inspection

Agency ) empaneled approved by GSECL, along with copy of Annual Audited Accounts of last

Note for point No.1, 2, 3&4:

i. Other income shall not be considered for arriving at annual turnover.

ii. “Holding Company" and “Subsidiary Company” shall have the meaning ascribed to them as

per Companies Act of India, in vogue.

Net worth means the sum total of the paid up share capital and free reserves. Free reserve means all

reserves credited out of the profits and share premium account but does not include reserves credited

out of the revaluation of the assets, write back of depreciation provision and amalgamation. Further,

any debit balance of Profit and Loss account and miscellaneous expenses to the extent not adjusted or

written off, if any, shall be reduced from reserves and surplus.

4. To pay EMD in form of DD OR in form of B.G. given by bank as described in the Annexure – I.

All the bidders will be required to pay Tender Fees plus 18% GST and EMD as mentioned in the

Tender Document either in Demand Draft, Pay Order or Bank Guarantee (only for EMD) in favour of

Gujarat State Electricity Corporation Limited payable at Gandhinagar, Gujarat. The scanned copy

of original document shall have to be uploaded online with the bid and RPAD or Speed Post only

addressed to The Chief Engineer (G), Gujarat State Electricity Corporation Limited, Thermal

Power Station, Gandhinagar-382041.

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

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

1. Micro & small-scale enterprises which participate directly in tendering process for the product

which they are manufacturing / service which they are providing and have Udyam registration

for items / service under procurement.

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

manufacturing/service which they are providing and re-cognized by DPIIT under the Start-up

India Program and has obtained Udyam registration.

3. Organization which has registration certificate for the manufacturing product of the tender,

from Gujarat Khadi Gramodyog Board or Khadi and Village Industries Commission(K.V.I.C)or

Commissioner of Cottage Industries.

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

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

disabled, mentally disabled persons;(ii)women's self-help group recognized by Gujarat

Livelihood Promotion Company; which participate directly in tendering process for the product

which they are manufacturing / service which /they are providing.

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

Manufacturers or Service Providers, and holds a valid Udyam Registration, are eligible

for exemption from payment of Earnest Money Deposit (EMD).

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

categories (i.e. other than Manufacturers/Service Providers) are not eligible for EMD

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

of investment in plant and machinery or equipment or turnover or both, and

EW-371 PUR-F-006 RFQ-79155

consequent re-classification, an enterprise shall continue to avail of all non-tax benefits

of the category (micro or small or medium) it was in before the re-classification, for a

period of three years from the date of such upward change.

 Vendor Registration with GSECL is not compulsory for submitting this tender.

(1) If any Bank Guarantee submitted against EMD/security deposit/PBG, same should be valid

one year from the date of expiry of BG. Bank Guarantee should be confirmed through

Structured Financial Messaging system (SFMS). SFMS allows intra/interbank message transfer

system of banking. Our bank details are as under.

ACCOUNT NAME GSECL

BANK NAME & BRANCH BOB, SECTOR-21, GANDHINAGAR

IFSC CODE BARB0GANDHI

5. The Last three-year Audited Annual Accounts, Positive Net worth certificate, and Average Annual

Turnover certificate certified by charted accountant as Per Qualification Requirement.

6. Separate employee’s provident fund code number towards registration of firm with

Regional P.F. Commissioner.

7. Attested copy of relevant document duly signed and sealed on each and every page shall be

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

9. Attach copy of GST Registration.

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

11. Details of the partnership deed.

12. Details of Tools, tackles, equipment and personals available with firm relevant to the job/subject

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

workman group insurance policy covering labor engaged.

14. The tenderer shall have to produce the document of last three years annual account, i.e. profit &

loss account and balance sheet, if the estimated cost of tender is more than 50 lakhs along with

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

knowledge of similar jobs.

16. TPI should be mandatory to submit as per cl no.5 of Section B (i.e General

Instruction to the bidders).

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

may verify the documents, experience certificates from authority who have issued such certificates

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

submitted by the bidder, and tender inviting authority is in the opinion that in absence of these

documents sufficient competition is not possible, in that case to have fair competition, the tender

inviting authority may inform only once by Registered post to bidder/bidders to submit the

missing required documents within stipulated time limit and failing which bidder/bidders

will be declared technically disqualified for not submitting the required documents along

with technical bids without any further notice. However, document will be considered valid only

if it is for the period of last day of month previous to the one in which tenders are invited.

Chief Engineer (Gen)

Signature Of Contractor GSECL: GTPS

EW-371 PUR-F-006 RFQ-79155

GENERAL INSTRUCTIONS TO THE BIDDERS

1. SUBMISSIOIN OF TENDER

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

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

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

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

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

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

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

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

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

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

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

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

submitted except tender fee and EMD.

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

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

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

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

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

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

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

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

wind break, etc., Overheads / profits of Contractor for due performance of the work under

Applicability of goods and service tax:-

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

unless otherwise mentioned in the tender documents.

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

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

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

contract, the rate(i. e. price) mentioned in the price bid shall be final and any additional GST

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

otherwise will be paid/reimbursed to supplier/contractor.

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

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

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

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

indicate the GST rate, amount in the price bid schedule.

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

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

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

rejected without entering into further correspondence.

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

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

every respect by the due date and time.

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

discrepancy, whatever written in words shall prevail.

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

entertained. Any ignorance for this shall not relieve the contractor from his contractual

liability arising as per tender documents and conditions contained in it.

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

raw materials/ finished products or on any other cause.

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

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

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

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

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

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

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

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

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

this specifications.

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

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

contractor/consultant.

viii. The complete specification comprises of the following.

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

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

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

particulars and requirements contained herein shall cover the execution of the works

covered under these specifications.

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

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

before submitting the tender.

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

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

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

execution of the works. GSECL will not therefore after acceptance of contractor's rate pay

any extra charge for any other reason; in case the contractor is found later on to have

misjudged the site condition.

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

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

whatsoever for the rejection of any tender or all tenders.

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

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

Practices issued by the Govt., the list of black listed Contractors announced by GSECL

(erstwhile GEB) Govt. of Gujarat or its Public Sector undertakings or the contractors who

are under stop dealing in GUVNL and /or their any subsidiary company viz.

GETCO/MGVCL/UGVCL/PGVCL/DGVCL.

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

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

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

full typed written name and current address.

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

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

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

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

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

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

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

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

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

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

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

EW-371 PUR-F-006 RFQ-79155

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

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

signed by the authorized person. The authority letter shall be accompanied with the

1. SECURITY DEPOSIT

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

condition of contract). In cases where selected agency (successful L1 bidder) is not willing

to pay SD in advance, either EMD may be converted to SD or SD may be deducted from 1 st or

subsequent invoices/RA bills with consent from the bidder.

2. MAINTENANCE:

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

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

certified date of completion. The same shall be attended within 15 days of receipt of the

notice. In the case of failure on the part of the contractor, the Engineer-in-charge may rectify

or remove or re-execute the work at the risk & cost of the contractor. The Engineer-in-charge

shall be entitled to appropriate the whole or any part of the amount of security deposit

towards the expenses, if any, incurred by him in rectification, removal or re-execution. The

defects liability period shall be as under,

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

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

monsoon, whichever is later.

3. TIME LIMIT FOR WORK:

The scheduled time limit for the completion of work shall be 11 (Eleven) calendar months

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

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

4. TERMS OF PAYMENTS:

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

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

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

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

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

compliance etc. The above payment term is applicable to all the bills of general civil works &

ARC/BRC works, provided the bills are recorded regularly and submitted to Account Section

within Ninety [90] days. If the contractor fails to submit the bills regularly in such a way so

that the same cannot be recorded and submitted to account section within Sixty [60] days,

ad-hoc payment as stated above, may not be released and payment will be released as per

GSECL’s general procedure. The period of Sixty [60] days shall be considered from the date of

receipt of last R.A. Bill by Account Section.

5. METHOD OF PAYMENT:

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

taking joint measurement within 30 days. Final bill will be paid within reasonable

time after settlement of material account by you and after recording of joint

6 “All bidders shall submit the details/documents in support of Technical Qualification

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

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

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

placed at Appendix 1. All the documents submitted by the bidder in support of meeting

EW-371 PUR-F-006 RFQ-79155

Technical QR only shall be digitally signed by the Specified Third-Party Inspection Agency

(TPIA) or Statutory Auditor of their Company or Practicing CA/CA Firm.

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

the following TPI As:

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

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

3. M/s International Certifications Services.

4. M/s Intertek India Pvt. Ltd.

5. M/s SGS India Pvt. Ltd.

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

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

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

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

10. Hertz Inspection & services Pvt. Ltd.

11. IRCLASS Systems and Solutions Pvt. Ltd.

The Bidder shall be responsible to get their documents/ credentials verified & certified by

the Specified Third- Party Inspection Agency (TPIA) or Statutory Auditor of their Company

or Practicing CA/CA Firm in support of Technical QR. All the costs pertaining to third party

verification and certification (including those by statutory auditors) shall be borne by the

Bidder. GSECL shall have no liability (financial or otherwise) towards the same and shall

not be liable for any claim/ dispute between the bidder and the Specified Third-Party

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

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

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

EW-371 PUR-F-006 RFQ-79155

Undertaking from Third Party Inspection Agency/Statutory Auditor or Practicing

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

Power Station ……………….

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

Meeting the Qualifying Requirements

Ref: Tender no. …………………..

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

M/s. ……………… (here in after called Bidder) having Registered office at ……………………

intend to participate in above referred tender of GSECL.

The tender condition stipulates that the bidder shall submit supporting Documents

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

Agency (TPIA) or Statutory Auditor of their Company or Practicing CA/CA Firm as per the list

mentioned in the bidding documents.

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

are also attached with this letter. The same has been verified from the Original Documents

and / or Client for authenticity.

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

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

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

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

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

conflict of interest in respect of above tender.

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

participating in the subject tender/s

The rights and liabilities of the contractor shall not be assigned or transferred by them

without the consent in writing of the GSECL to any other person, firm or organization.

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

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

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

EW-371 PUR-F-006 RFQ-79155

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

time limit on all the fronts released by GSECL.

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

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

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

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

committed by them. If there is any claim from any Government authority pertaining to the

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

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

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

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

extended time limit if any.

7. BIDDER TO STUDY, ANALYSE & CONSIDER:

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

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

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

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

read the specifications, bid drawings, instruction to the bidder along with Contract

Document and Conditions of Contract, applicable labour laws, safety norms etc., and has

made himself aware of the scope and the specifications for the work to be performed and

local conditions and other features which have a bearing on the cost and execution of the

work. This specification is intended as a general description of quality envisaged for

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

details. The work shall be executed in accordance with the best modern practice and to the

complete satisfaction of the Purchaser. Special techniques approved by the Purchaser shall

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

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

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

b) Inspection of site by bidder:

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

information required and satisfy himself regarding matters such as:

 weather characteristics,

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

 The type and number of equipment and facilities required

 The quantity of various items of the work.

 The availability and rates of material.

 Labours condition.

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

 Power house, which is under running conditions.

 Required GSECL’s security checks.

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

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

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

an examination was made and any later claims/ disputes in regard to rates quoted

shall not be entertained or considered by the GSECL.

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

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

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

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

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

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

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

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

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

EW-371 PUR-F-006 RFQ-79155

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

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

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

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

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

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

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

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

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

uncertainties of weather, obstructions and hindrances that may arise etc. which may

affect the work or cost thereof, before submission of his bid. Ignorance of site

conditions shall not be accepted by the ENGINEER IN CHARGE as basis for any claim

for compensation.

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

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

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

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

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

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

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

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

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

submission of tender are extended by the Corporation due to any reason, the bidder

may submit if their wishes the revised/additional/modified offer before extended due

date and time of submission.

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

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

Tenders deferring from the technical specifications or the method of bidding in a

radical manner may also be rejected.

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

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

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

conditions & in general all the necessary information and data etc. pertaining to and

need for the work.

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

materials and workmanship and of the finished work. It is not intended to cover

minute details. The work shall be executed in accordance with the best modern

practice and to the complete satisfaction of the Purchaser. Special techniques

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

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

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

contractor on any issue arising out of such discrepancies.

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

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

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

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

given regarding the constitution of the firm; it’s authorized, subscribed & paid up

capital, the date & place of registration, the place of business, the names of the

directors and other relevant information.

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

documents in the final ‘Contract’. BIDDERS are required to review these documents

and clearly state in their proposals their acceptance of the same.

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

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

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

and dated by the BIDDER in ink, before submitting the bid. Non-compliance with this

condition will make the bid liable for rejection.

EW-371 PUR-F-006 RFQ-79155

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

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

execution of the Contract. The Contractor shall set up a suitable safety organization of

his own in this regard.

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

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

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

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

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

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

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

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

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

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

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

8. SAFETY MEASURES:

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

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

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

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

9. COMPLETENESS:

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

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

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

performance in accordance with the specifications as an integral part of the painting

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

10. TOTAL RESPONSIBILITY

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

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

11. PAYMENT TO THE LABOURES:

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

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

or before 7th day of next month.

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

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

Officer (Estt.) GSECL, Gandhinagar TPS.

12. CONTRACT AGGREMENT ON ACCEPTANCE:

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

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

charges shall be borne by the contractor.

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

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

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

Gujarat State Electricity Corporation Limited.

13. Unsatisfactory progress of the work:

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

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

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

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

L3 till the successful contractor pays the Security Deposit as mentioned in tender

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

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

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

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

EW-371 PUR-F-006 RFQ-79155

for a period of ONE Year in respective Power Station.

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

of submission of the tender.

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

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

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

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

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

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

 Has submitted fake, false or forged documents/certificates

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

unless it is sought for,

 Has tempered with the stipulated tendering procedure.

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

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

and conditions,

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

abandoned the contract,

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

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

scheduled / as per company’s time limit, as mentioned in the LOA, if the Letter of

Acceptance (LOA) is placed subject to submission of type reports / documents to the

 Has indulged in construction and erection of defective works.

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

stipulated time frame, as specified by the company,

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

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

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

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

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

relation to the Tender / Contract.

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

tendering authority / Purchaser.

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

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

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

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

deal with the Firm

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

banned for business dealing / blacklisting.

Conflict of Interest among Bidders / Agents

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

Such conflict of interest can lead to anti-competitive practices to the detriment of

Procuring Entity's interests. The bidder found to have a conflict of interest shall be

disqualified. A bidder may be considered to have a conflict of interest with one or more

parties in this bidding process for particular quoted item, if:

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

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

any of them; or

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

EW-371 PUR-F-006 RFQ-79155

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

that puts them in a position to have access to information about or influence on

the bid of another bidder, or

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

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

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

components/ sub-assembly/ assemblies from one bidding manufacturer in more

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

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

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

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

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

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

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

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

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

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

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

sister companies. Bidders must proactively declare such sister/common

business/ management units in same/ similar line of business.

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

as amended from time to time.

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

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

CHIEF ENGINEER (Gen)

SIGNATURE OF CONTRACTOR

EW-371 PUR-F-006 RFQ-79155

 GENERAL CONDITIONS OF CONTRACT

EW-371 PUR-F-006 RFQ-79155

GENERAL CONDITIONS OF CONTRACT

1. DEFINITIONS :

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

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

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

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

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

together shall be deemed to form the contract.

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

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

contractors for the purpose of preparing tender.

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

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

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

contract whether original or altered.

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

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

representatives, successors and permitted assignees.

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

“Accepting Officer” means the Officer who is authorized to sign and signs the

contract on behalf of the “Corporation”.

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

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

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

term contracts, directs the contract.

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

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

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

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

for the particular purpose.

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

“A.S.” means the “American Standards” as issued by the American Standards

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

Standards Institution. Wherever the above-mentioned abbreviations are referred to,

in the specifications and/or work orders, they mean the addition with all

amendments current at the date of issue of tender document of work orders.

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

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

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

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

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

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

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

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

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

and the tender documents or any subsequent agreed amendments thereto.

2. CONTRACTOR TO INFORM HIMSELF FULLY:

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

in subsequent exchange of correspondence, the conditions of contract shall be

binding on the Contractor and any change or variation expressed or implied,

however made in the said conditions, shall not be valid or operative unless

expressly sanctioned by the Corporation. The Contractor shall be deemed to have

fully informed himself and to have special knowledge of the provisions of the

conditions of the Contract herein contained.

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

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

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

have fully informed himself regarding the local conditions.

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

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

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

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

in writing in order that such doubt may be removed.

3. CONTRACT DRAWING AND SPECIFICATIONS:

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

certified copy of accepted tender.

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

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

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

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

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

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

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

contractor shall not take advantages of errors or omissions of any kind in the

drawings supplied.

4. INPUTS BY GSECL:

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

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

extension for construction site as well as bore well site for using construction water

will have to be carried out by the contractor as per requirement at their cost. The

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

time to time in the respective DISCOM.

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

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

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

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

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

recovery for water charges shall be affected at the 2 % of the item of which

water is used or by quantity measured by meter reading of water meter

installed by contractor, rate of water supply will be charged at prevailing

purchase rates of GSECL, for water supplied by GSECL is used as certified by

EIC. In case of agency is installing bore well and pumps at his cost, after

completion of work agency will hand over the bore well in good condition with

pumps to the GSECL.

5. DATA TO BE FURNISHED BY CONTRACTOR:

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

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

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

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

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

shop and storage buildings, storage yards, offices, contractor's power house

including its services and housing facilities which he proposes to put up at site and

also indicate the programme of the work.

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

his planning/programme of works for scrutiny of GSECL in a PERT/Bar chart

format, clearly indicating GSECL inputs also.

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

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

scheduled time limit.

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

approval of the Executive Engineer.

6. ERRORS, OMISSIONS AND DISCREPANCIES:

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

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

made to the Executive Engineer whose elucidation and elaboration shall be

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

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

7. SECURITY DEPOSIT:

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

deposit will be charged as per table below:

Category of the Unit Security Deposit

Works up to Rs. 5 Works More than Rs.

Enterprise or Exempted 3% of Order Value

Organization which are

exempted from paying

Tender Fee & EMD

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

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

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

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

the time of submission of the tender.

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

start the work then, RPAD notice will be issued to the successful bidder

mentioning that on failing to start the work within next 07 days from the date of

issue of RPAD Notice the EMD will be forfeited and he will not be allowed to

participate in the tenders invited from Gandhinagar TPS office for the period of

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

bill / successful completion of maintenance period / work.

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

become due or payable by the contractor to the Corporation under the terms of the

contract, may be deducted from the cash in the proceeds of sale of the

securities/bank guarantee so deposited (which the officer or person to whom the

same may be endorsed as aforesaid is hereby authorized to sell/to encase for that

purpose) or from the interest of any such securities or from any sums due or

which may become due to the contractor by the Corporation or from the whole or

the balance unpaid as aforesaid of the encase securities so deposited being repaid

or transferred and returned as the case may be, to the contractor on finalization of

final bill OR after 06 (six) months of successful completion of the work, whichever

later OR on furnishing of the Performance Bond amounting to 5% of contract value

against the defect liability period as mentioned in this document elsewhere.

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

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

be reduced on the basis of the work actually done.

8. USE OF LAND:

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

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

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

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

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

EW-371 PUR-F-006 RFQ-79155

purpose of execution of this contract free of cost.

1. Site required for the construction of the work.

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

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

responsible for the compensation on account of damage to crop etc. and shall

till completion of work.

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

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

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

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

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

to the Engineer except areas under works as per this contract or those for

which specific approval has been obtained from the Engineer. The contractor

shall make good to the satisfaction of the Engineer any damage or alternation

made to areas which he has to hand over back or to other property land handed

over to him for purpose of this work.

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

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

his own expense and with the permission of the Engineer. These structures

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

Engineer with regard, thereto. In any circumstances for constructing temporary

structures for contractor's use, GSECL's free supply materials shall not be used.

If it is found that GSECL's free supply materials are used for other than

approved project drawings work, same will be recovered at

penalized rate.

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

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

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

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

felled and to structures under construction, or to workmen, and shall be

responsible for any damage if it occurs in such operations

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

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

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

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

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

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

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

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

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

Charge immediately after the completion of the work under this contract. Also

no land shall be held by the contractor longer than the Engineer shall deem

necessary and the contractor shall, on due notice by the Engineer, vacate and

return the land which the Engineer may certify as no longer required by the

contractor for purpose of the work.

9. START OF WORK:

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

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

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

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

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

10. COMPENSATION FOR THE DELAY:

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

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

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

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

EW-371 PUR-F-006 RFQ-79155

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

compensation, an amount equal to ½ (half) percent per one week for the contract

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

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

taxes & duties ( i.e. End cost of contract amount including taxes & duties) or such

smaller amount as per the decision of the Competent Authority of the GSECL The

penalty will be invariably deducted from the bills of the contractor and no refund

will be given unless the competent authority approves the reduction. The reasons

for delay, attributable to GSECL as well as to party will be brought out clearly

while putting the proposal for waiver/reduction in penalty.

11. ACTION WHEN WHOLE OF SECURITY DEPOSIT IS FORFEITED:

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

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

security deposit (whether paid one sum) or in the case of abandonment for the

work owing to serious illness or death of the contractor or any other cause, the

Executive Engineer on behalf of the Corporation, shall have powers to adopt (a)

below and any of the following courses under (b) and (c) as he may deem best

suited to the interest of the Corporation.

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

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

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

absolutely at the disposal of the Corporation. To employ labour paid by the

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

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

to the correctness of which cost and price, the certificate of the Executive Engineer

shall be final and conclusive against the contractor) and crediting him with value

of the work done in all respects in the same manner and at the same rates as if it

had been carried out by the Contractor under the terms of this contract and in

that case the certificate of the Executive Engineer as to the value of the work shall

be final and conclusive against the contractor.

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

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

contractor to complete, in which case, any expenses, which may be incurred in

excess of the sum, which would have been paid to the original contractor, if the

whole work would have been executed by him (as to the amount of which excess

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

conclusive and shall be borne and shall be paid by the original contractors and

shall be deducted from any money due to him by the Corporation under the

contract or otherwise from his security deposit of his proceeds sale thereof or a

sufficient part thereof.

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

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

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

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

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

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

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

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

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

thereof and he only be entitled to be paid the amount so certified.

12. NOTICE UNDER UNSATISFACTORY PROGRESS:

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

per the opinion/observation of the Executive Engineer (whose decision shall be

final) in charge that the general progress of work is not satisfactory, then

Executive Engineer in charge shall be entitled to take action under clause 11 (c)

after giving the contractor ten days’ notice in writing and the contractor will have

no claim for compensation for any loss sustained by him owing to such action.

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

EW-371 PUR-F-006 RFQ-79155

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

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

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

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

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

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

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

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

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

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

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

the work of any part thereof paying for allowing for the same in account at the

contract rates, or in the case of a contract rates not being applicable of current

market rates to be certified by the Executive Engineer whose certificate thereof

shall be final. In the alternative, the Executive Engineer may by notice in writing to

contractor or his clerk of works, foreman or other authorized agent, require him to

remove such tools, plant, materials or stores from the premises within a time to be

specified in such requisition, the decision to the contractor failing to comply with

any such requisition, the decision of the Executive Engineer as to the expense of

any such removal and the amount of the proceed and expense of any such sale, be

final and conclusive against the contractor

14. EXTENSION OF TIME LIMIT

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

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

any other ground, he shall apply in writing to the Executive Engineer and the

Executive Engineer may, if in his opinion there are reasonable grounds for

granting extension, recommend such extension as he may think necessary or

proper. The decision of the competent authority in this regard shall be final, and

binding to the contractor. Any delay attributed to Corporation, shall be thus

compensated only by way of extending the limit.

15. COMPLETION CERTIFICATE

On completion of the work, the Contractor shall be furnished with Completion

Certificate by the Executive Engineer. No such certificate shall be given nor shall

be the work considered to be completed until works are taken over and/or duly

tested and put to operation as the case may be, nor until the work shall have been

measured by the Engineer-in-Charge or where the measurement have been taken

by his subordinates until they have received the approval of the Executive

Engineer the said measurement being binding and conclusive against the

16. EFFECT OF THE CERTIFICATE :

No payment shall be made for any work estimated to cost less than Rs.1,000 till

after the whole of said work shall have been completed and a certificate of

completion given. But in the case of works estimated to cost more than Rs.1,000,

contractor shall on submitting a monthly bill thereof, be entitled to receive

payments. Proportionate to the part of the work then approved and passed by the

Engineer-in-Charge, whose certificate of such approval and a passing of the sum

so payable shall be final and conclusive against the contract. All such intermediate

payment shall be regarded as payment by way of advance against the final

payment only and not as payments for work actually done or completed and shall

not preclude the Engineer-in-charge from requiring bad, unsound, imperfect or

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

shall any such payment be considered as admission of the due performance of the

contract or any part thereof in any respect of the occurring of the claim nor shall

conclude, determine or effect in any way the powers of the Engineer-in-Charge as

to the final settlement and adjustment of the accounts otherwise or in any other

way, vary or affect the contract. The final bill shall be submitted by the contractor

within one month of the date fixed for completion of work; otherwise the certificate

EW-371 PUR-F-006 RFQ-79155

of the Engineer-in-charge of the measurement and of total amount payable for the

of the Engineer-in-charge of the measurement and of total amount payable for the

work shall be final and binding on all parties.

17. PAYMENT TO CONTRACTORS :

The rates for several items of works estimated to cost more than Rs.1, 000 agreed

to within shall be valid only when the item concerned is accepted, having been

completed full, in accordance with the sanctioned specification. In case, where the

items of the work, are not accepted, as so completed, the Engineer-in-charge, may

make payment on account of such items at such reduced rates, as he may

consider reasonable in the preparation of final or running accounts bills and it will

be binding to the contractor.

The Bill Shall be submitted by the contactor each month on or before the date

fixed by the Engineer-in-charge, for all works, executed in the previous month and

the Engineer-in-charge shall take or cause to be taken the requisite measurement

for the purpose or having the same verified and the claim so far as it is admissible,

shall be adjusted, if possible, within Fifteen days from the presentation of the bills.

If the contractor does not submit the bill, within the time fixed, as aforesaid, the

Engineer-in-charge may depute a subordinate to measure up the said work in the

presence of the contractor or his duly authorized agent, whose counter signature

in the measurement shall be sufficient warrant and the Engineer-in-charge may

prepare a bill from such list which shall be binding on the contractor in all

respects. In case if contractor/ representative does not remain present on specified

date for taking measurement than EIC may take the measurement one sided and

the same shall be binding to the contractor irrespective whether he has signed or

19. SUPPLY OF MATERIALS TO CONTRACTOR [APPLICABLE ONLY WHERE

MATERIAL IS TO BE SUPPLIED BY CORPORATION AS MENTIONED IN

If the specification of the estimated work provides for use of any special

description of material to be supplied from the Corporation’s stores or if it is

required that the contractor shall use certain stores to be provided by the

Engineer-in-charge, (such material and stores and the prices to be charged thereof

as hereinafter mentioned being so far as practicable for the convenience of

contractor but not so as in any way to control, the meaning or effect of this

contract specified in the schedule or memorandum hereto annexed). The

contractors shall be supplied with such materials and stores as may be required

from time to time be used by him for the purpose of the contract only and the

value of the full quantity of materials and stores so supplied shall be set off or

deducted from any sum due or thereafter to become due to the contractor, under

the contract or otherwise or from the security deposit or the proceeds of sale

thereof if the deposit is held in government securities the same or a sufficient

portion thereof, shall be sold for the purpose. All materials supplied to the

contractor shall remain the absolute property of the Corporation and shall on

account be removed from the site of work and shall at all times be open to

inspection by the Engineer-in-charge. Any such materials unused and in perfectly

good condition at time of completion or determination of the contract shall be

returned to the Corporation’s store if the Engineer-in-charge so requires by notice

in writing given under his hand but the contractor shall not be entitled to return

any such materials except with such consent and he shall have no claim for

compensation on account of any such materials supplied to him as aforesaid but

remaining unused by him or for any wastage in or damaged thereto. The

contractor shall be responsible for the loss, destruction or deterioration of the

materials, stores or articles supplied to him by the Corporation even if such loss,

destruction or deterioration has occurred under any circumstances whatsoever

beyond his control as if the materials, stores or articles so supplied were his

20. WORKS TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS,

DRAWING, ORDERS ETC.

EW-371 PUR-F-006 RFQ-79155

The contractor shall execute the whole and every part of work in the most

substantial and workman like manner and both as regarding materials and in

every other respect in strict accordance with the specification. The contractor shall

also confirm exactly, fully and faithfully to the designs, drawings and instructions

in writing relating to the work signed by the Engineer-in-charge and lodged in his

office and to which the contractor shall be entitled to have access for the purpose

of inspection at such office, or on the site of the work during office hours and the

contractor shall, if he so requires, be entitled at his own expense to make or cause

to be made copies of the specification and of all such designs, drawings and

instructions as aforesaid.

21. ALTERATIONS IN SPECIFICATIONS AND DESIGNS NOT TO INVALIDATE

The Executive Engineer shall have powers to make any alterations, or additions to

the original specification, designs and instructions that may appear to him to be

necessary or advisable during the progress of the work and the contractor shall be

bound to carry out the work in accordance with any instruction in this connection

which may be given to him in writing, signed by the Engineer-in-charge and such

alterations shall not invalidate the contract. Any additional work which the

contractor may be directed to do in the manner above specified as part of the work

shall be carried out by the contractor on same conditions in all respect on which

he agreed to do the main works and at the same rates as are specified in the

tender for the main work.

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

the specifications recommended by the contractor and accepted by the competent

authority, the alteration above referred to shall be within the scope of such

designs, drawings and specifications appended to the tender.

22. RATES FOR WORKS NOT ENTERED IN ESTIMATE OR SCHEDULE OF RATE

OF THE CORPORATION

If the additional and altered work includes any class of work for which no rate is

specified in this contract, then such class of work shall be carried out at the rates

entered in the Schedule of Rates of the Corporation or at the rate mutually agreed

upon between the Executive Engineer and the Contractor, whichever are lower. If

the additional or altered work for which no rate is entered in the Schedule of Rates

of the Division is ordered to be carried out before the rates agreed upon then the

contractor within seven days of date of receipt by him of the order to carry out the

work should inform the Executive Engineer for the rate which it is his intention to

charge for such class of work and if the Executive Engineer does not agree to this

rate, he shall be noticed in writing, be at liberty to cancel his order to carry out

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

advisable provided always that if the rates shall have been determined as lastly

herein before mentioned then in such case he shall only be entitled to be paid in

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

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

be fixed by the Executive Engineer in the event of disputes, the decision of the

General Manager of the Corporation will be final.

23. EXTENSION OF TIME LIMIT IN CONSEQUENCE OF ADDITION OR

The time limit for the work shall be extended in the proportion that the increase in

its cost occasioned by alterations or additions bears to the cost of the original

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

shall be conclusive.

24. NO COMPENSATION FOR ALTERATION IN OR RESTRICTION OF WORK TO

If at any time, after the execution of the contract documents, the Engineer-in-

charge shall, for any reason whatsoever, requires the whole or any part of the

work, as specified in the tender, to be stopped for any period or shall not require

the whole or part of the work to be carried out at all or to be carried out by the

contractor, he shall give notice in writing of the fact to the contractor who shall

EW-371 PUR-F-006 RFQ-79155

thereupon suspend or stop the work totally or partially as the case may be in any

such case, except as provided here under. The contractor shall have no claim to

any payment or compensation whatsoever on account of any loss in profit or

advantage which he might have derived from the execution, of the work in full but

which he did not so derive in consequence of the full amount of work not having

been carried out or on account of any loss that he may be put to on account of

materials purchased or agree to be purchased or for unemployment of labour

recruited by him. He shall not also have any claim for compensation by reason of

any alterations having been made in the original specification, drawings, designs

and instructions which may involve any curtailment of the work as originally

contemplated. Where, however, materials have already been purchased or agreed

to be purchased by the contractor before receipt by him of said notice, the

Executive Engineer provided they are not in excess or requirement and are of

approved quality and/or shall be compensated for the loss, if any, that he may put

to in respect of materials agreed to be purchased by him. The amount of such

compensation to be determined by the Executive Engineer, whose decision shall be

final. If the contractor suffers any loss on account of his having to pay, his labour

charges during the period, during which the stoppage of work has been ordered

under this clause the contractor shall on application be entitled to such

compensation on account of labour charges as the Executive Engineer whose

decision shall be final, may consider reasonable provided that the contractor shall

not be entitled to any compensation on account of labour charges if, in the opinion

of the Executive Engineer, the labour could have been employed by the contractor

elsewhere for the whole or part of the period during which the stoppage of the

work has been ordered as aforesaid.

25. NO CLAIM FOR COMPENSATION ON ACCOUNT OF LOSS DUE TO DELAY

IN SUPPLY OF MATERIALS BY CORPORATION

The contractor shall not be entitled to claim any compensation from Corporation

for the loss suffered by him on account of delay by Corporation in the supply of

materials entered in Schedule A where such delay is caused by:

 Difficulties relating to supply of railway wagons.

 Force Majeure

Any other reasonable cause beyond the control of Corporation, including shortage

of materials to be supplied by the Corporation and difficulties in time by reaching

at the site of any materials equipment.

In the case of such delay in the supply of materials, Corporation shall grant such

extension of time for the completion of the works as shall appear to the Executive

Engineer to be reasonable in accordance with the circumstances of the case. The

decision of the Executive Engineer as to the extension of time shall be accepted as

final by the contractor.

26. TIME LIMIT FOR COMPENSATION CLAIMS

Under no circumstances, whatsoever, shall the contractor be entitled to any

compensation from Corporation on any account unless the contractor has claimed

in writing to the Executive Engineer within one month of the cause thereof.

27. ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK

If at any time, before the security deposit is refunded to the contractor, it shall

appear to the Executive Engineer or his subordinate in charge of the work that

any work has been executed with unsound, imperfect or unskillful workmanship

or with materials of inferior quality or that any materials or articles provided by

him for the execution of the work are unsound or of inferior quality to that

contract for or are otherwise not in accordance with the contract, it shall be lawful

for Engineer-in-charge to intimate this fact in writing to the contractor and then

notwithstanding the fact that the work, materials, or articles complained of, may

have been inadvertently passed, certified and paid for, the contractor shall be

bound forthwith to rectify or remove and reconstruct the work so specified in

whole or any part, as the case may require or if so required shall remove the

materials or articles so specified and provided other suitable materials or articles

EW-371 PUR-F-006 RFQ-79155

at his own charge and cost, and in the event of his failing to do so within a period

to be specified by the Engineer-in-charge in the written intimation aforesaid the

contractor shall be liable to pay compensation at the rate of one percent on the

amount of the estimate for every day not exceeding ten days during which the

failure so continues and in the event of any such failure as aforesaid, the

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

replace the materials or articles complained of, as the case may be, at the risk and

expense in all respects of contractor should the Engineer-in-charge consider that

any such inferior work or materials as described above may be accepted, or made

use of, it shall be within his discretion to accept the same as such reduced rates

as he may fix thereof.

Provided that in the case of any work of which visible check is not possible if the

Engineer-in-charge or his subordinate in charge of the work feels that such work

has been executed with unsound, imperfect or unskillful workmanship or with

materials of inferior quality, he shall take sample tests at random, cost of which

shall have to be borne by the contractor and if after taking such test part of such

work is found to be defective in any respect or to have been executed with

materials of inferior quality then the contractor shall pay for the whole work such

amount as may be fixed by the office of the Engineer-in-charge on the basis of the

lowest quality of work found by him in such sample tests.

28. WORK TO BE OPENED TO INSPECTION, CONTRACTOR OR RESPONSIBLE

AGENT TO BE PRESENT.

All works under execution or in pursuance of the contract shall at all times be

open to the inspection and supervision of the Executive Engineer and his

subordinate and contractor shall at all times, during the usual working hours and

at all other times at which reasonable

notice of the intention of the Executive Engineer or his subordinate to visit the

works shall have been given to the contractor, during which period either he

should be present to receive order and instruction, or have a responsible agent

duly authorized agent shall be considered to have the same force and effect as if

they had been given to the contractor himself.

29. NOTICE TO BE GIVEN BEFORE WORK IS COVERED UP

The contractor shall give not less than five days’ notice in writing to the Executive

Engineer or his subordinate in charge of the work, before covering up or otherwise

placing beyond the reach of measurement of any work, in order that the same may

be measured and correct dimensions thereof, taken before the same is so covered

up or placed beyond the reach of measurement and shall not be covered up or

placed beyond the reach of measurement and work without the consent in writing

of Executive Engineer or his Subordinate in charge of work. If any work shall be

covered up or placed beyond the reach without such notice having been given or

consent obtained, the same shall be uncovered at the contractor’s expense and in

default thereof no payment or allowance shall be made for such work or for the

materials with which the same was executed.

30. CONTRACTOR’S LIABILITIES

The contractor shall supply, at his own cost, all materials (except such special

materials, if any as may be supplied from the Corporation stored in accordance

with the contract). Plant, tools, appliances, implements, ladders, cordage, tackle,

scaffolding and any temporary works which may be required for the proper

execution of the work, in the original, altered or substituted form and whether

included in the specification and other document forming part of the contract or

referred to in these conditions or not and which may be necessary for the purpose

of satisfying and complying with the requirements of the Engineer-in-charge as to

any matter on which under these conditions, he is entitled to be satisfied or which

he is entitled to require together with carriage thereof to and from the work. The

contractor shall also supply without any charge the requisite number of persons of

setting out works and counting, weighting and assisting in the measurement of

examination at the time and from time to time of the work or materials, failing this

the same may be provided by the Engineer-in-charge at the expenses of the

EW-371 PUR-F-006 RFQ-79155

contractor and the expenses may be deducted from any money due to the

contractor under the contract or from his security deposit or the proceeds of sale

thereof or of a sufficient portion thereof, the contractor shall provide all necessary

fencing and light required to protect the public from accident and shall also be

bound to bear expenses of defense of every suit, action or other legal proceedings

of law that may be brought by any person for injury sustained. Owing to

neglecting of the above precautions and to pay any damage and cost which may be

awarded in such suit, action or proceedings to any such person or which may with

the consent of the contractor be paid in comprising any claim by any such person.

31. CONTRACTOR LIABLE FOR ALL DAMAGE

Compensation for all damage done intentionally or unintentionally by contractor’s

laborer, whether in or beyond the limit of Corporation’s property, shall be estimated

by the Executive Engineer or such other office as he may appoint and the estimates

of the Executive Engineer, subject to the decision of the Superintending Engineer,

on appeal, shall be final and the contractor shall be bound to pay the amount of the

assessed compensation demand, failing which, the same will be recovered from the

contractor as damages or deducted by the Engineer-in-charge from any sums that

may be due to or become due from Corporation to the contractor under this

contract or otherwise.

The contactor shall bear the expenses of defending any action or other legal

proceeding that may be brought by any person for injury sustained by him owing to

negligence of precautions for prevent the spread of fire and he shall also pay any

damage and cost that may be awarded by the court, if in consequence

32. RESCISSION OF CONTRACT AND FORFEITURE OF DEPOSIT

The contractor shall not assign or sublet, without the written approval of the

Engineer-in-charge and if the contractor assign, or sublet his contract, or attempt

to do so or become insolvent or commence any proceedings to be adjudicated as

insolvent or make any composition with creditors, attempt to do so, the Engineer-

in-charge may, by notice in writing rescind the contract. Also, if any bribe, gratuity,

gift, loan, perquisite, reward or advantage pecuniary or otherwise shall either

directly or indirectly be given, promised or offered by the contractor or any of his

servants, or agents, or any person to the employee of the Corporation in any way

relating to his office or indirectly interested in the contract, the Executive Engineer

may, by ten days’ notice in writing, rescind the contract. In the event of a contract

being rescinded the security deposit of the contractor shall there upon stand

forfeited and be absolutely at the disposal of the Corporation and the same

consequences shall ensure as if the contract has been rescinded under Clause

thereof and in addition the contractor shall not be entitled to recover or be paid for

any work thereof actually performed under the contract.

33. COMPENSATION

All sums payable by a contractor by way of compensation under any of these

conditions shall be considered as a reasonable compensation to be applied to the

use of Corporation without reference to the actual loss or damage sustained and

whether any damage has not been sustained.

34. CHANGE IN THE CONSTITUTION OF FIRM TO BE NOTIFIED

In case of tender by partners of a Firm, any change in constitution of firm shall be

forthwith notified by the contractor to the Executive Engineer for his information.

35. WORKS UNDER DIRECTION OF SUPERINTENDING ENGINEER

All works to be executed under the contract shall be executed under the direction

and subject to the approval of Superintending Engineer /Engineer-in-charge for the

time being who shall be entitled to direct at what point or points and in what

manner they are to be commenced and from time to time to be carried on.

36. DECISION OF SUPERINTENDING ENGINEER TO BE FINAL

Except where otherwise specified in contract and subject to the power delegated to

him by Corporation under the Corporation’s rules, then in force, the decision of the

Superintending Engineer/EIC for the time being shall be final, conclusive and

binding on all the specifications, designs, drawings and instructions herein before

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mentioned and as to the quality of workmanship or material used on or as to any

other question, claim, right matter or thing whatsoever in any way arising out of or

relating to the contract, designs, drawings, specifications, estimates, instructions,

orders or these conditions or otherwise concerning, the works or the execution or

failure to execute the same, whether arising during the progress of the work or after

the completion or abandonment thereof.

37. Dispute Resolution Mechanism: For works contracts and composite

Contracts, the arbitration mechanism shall be governed by the Gujarat Public

Works Contracts Disputes Arbitration Tribunal Act, 1992 as per below details.

sub clause 37(1) Amicable Settlement : Any dispute, difference, controversy or

claim between the Parties arising out of or relating to this contract with reference

to the construction, interpretation, breach, termination or validity thereof

(hereinafter referred as "the Dispute") shall, upon the written request of either

Party be referred to the authorized representatives of the Disputing Parties for

resolution. The authorized representatives shall promptly meet and attempt to

negotiate in good faith a resolution of the Dispute within thirty days of the service

of the request.

sub clause 37(2) Arbitration : If the Parties fail to amicably resolve the disputes

or differences or contrary claims as indicated herewith in sub clause (1) of Clause

37 arising under or in connection with the present works contracts, whether

pertaining to works contracts alone or works and procurement both, the same

shall be referred to arbitration under the Gujarat Public Works Contracts Disputes

Arbitration Tribunal Act, 1992."

38. STORES TO BE OBTAINED FROM CORPORATION [APPLICABLE ONLY

WHERE MATERIAL IS TO BE SUPPLIED BY CORPORATION AS MENTIONED IN

The contractor shall obtain from the Corporation stores, such articles as are

mentioned in schedule “A” which may be required for the work or any part of the

work or in making up any articles required therefore or in connection therewith,

unless he has obtained permission in writing from the Executive Engineer or

obtained such stores and articles from elsewhere. The value of such stores and

articles as may be supplied to the contractor by the Engineer-in-charge will be

debited to the contractor in his account at the rate shown in the schedule “A”

attached to the contract and if they are not entered in said Schedule, they shall be

debited to him at cost price which for the purpose of this contract shall include

cost of carriage and all other expenses whatsoever which may have to be incurred

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

The Contractor shall be responsible for the loss, destruction or deterioration of the

materials, stores or articles supplied to him by the Corporation, even if such loss,

destruction or deterioration has occurred under any circumstances whatsoever

beyond his control as if the materials, stores or articles so supplied were his

property. The contractor shall be responsible for returning the residual materials

after completion of the contract and it fails to return, the balance materials

supplied to him by the Corporation, the cost of the residual materials will be

recovered from the contractor at the market rate or stock issue rate whichever be

higher at the time of materials account plus 15%.

39. LUMP SUMS IN ESTIMATE

When the estimate on which tender is made, includes lump sums in respect of

parts of the works the contractor shall be entitled to payment in respect of the

items of works involved or the part of the work in question at the same rates as

are payable under this contract or such items or if the part of work in question is

not in the opinion of the Engineer-in-charge capable of measurement the

Engineer-in-charge may at his discretion pay the lump sum amount entered in the

estimate and the certificate in writing of the Engineer shall be final and conclusive

against the contractor with regard to any sum or sums payable to him under the

provision of this clause.

40. LUMP SUM TENDERS

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Whenever lump sum tenders have been invited for buildings or other structures of

the same type, design, the contractor shall submit his bill stated in Clause No.

and the Engineer-in-charge not below the rank of work, Executive Engineer shall

certify by general measurement or by other method considered suitable to him, the

value of work done and the contractor shall be paid monthly a sum equal to 90%

of the total value the work so certified, since the last payment, after deducting a

part or whole of the secured advance if not already paid for the materials utilized

on the works. An additional secured advance for any fresh materials utilized on

the works. An additional secured advance for any fresh materials brought on site

will also be paid if certified by the officer not below the rank of Executive Engineer.

After the work is completed final bill would be paid on the certification of officer

not below the rank of Executive Engineer, that the work, is done according to

drawing and specifications attached to the tender. If any additions and alterations

have been carried out, detailed measurement in respect thereof shall be recorded

and extra payment or deductions are regulated as per item rates quoted by the

contractor while submitting the tender and if there are any items in the additions

and alterations for which the contractor has not quoted a rate, the payment shall

be as per Clause 39 above

41. ACTION WHERE NO SPECIFICATION

In the case of any class of work for which there is no such specification as is

mentioned, such work shall be carried out in accordance with the PWD and in the

event of there being no PWD specification, the work shall be carried out in all

respects in accordance with the instructions and requirements of the Engineer-in-

charge of the Corporation etc.

42. NO CLAIM FOR VARIATION IN QUANTITIES OR WORK

Quantities shown in the tender are approximate and no claim shall be entertained

for quantities of work actually executed, being either more or less up to any extent

than those entered in the tender or less than those entered in the tender or

43. NO CLAIM FOR COMPENSATION FOR DELAY IN STARTING WORK

No compensation shall be allowed for any delay caused into starting of work on

account of acquisition of land and in the case of clearance for works or any delay

in according sanction to estimates.

44. NO CLAIM FOR COMPENSATION FOR DELAY IN EXECUTION OF WORK

No compensation shall be allowed for any delays in execution of the work on

account of water standing in borrow pits or compartment. The rates are inclusive

for hard or cracked soil, excavation in mud, sub-soil water or water standing in

borrow pits and no claim for any extra rate shall be entertained unless otherwise

expressly specified and mentioned in the tender.

45. EMPLOYMENT OF TECHNICAL PERSONS:

The contractor shall keep one full time qualified Civil Engineer at the site, who

shall be fully authorized to receive and comply with such instructions, as given by

the Executive Engineer. The contractor shall intimate the name of such Engineer

with his qualifications and experience. The Executive Engineer shall have the right

to demand the removal of any technical personnel, skilled or unskilled workmen,

who in his opinion are considered to cause bad workmanship in the execution of

works or to cause indiscipline.

46. Terms and Conditions regarding Labour Laws

During the entire period of the contract, the Contractor and his Sub-m Contractor

shall at all times comply with all applicable labour laws, rules, regulations,

notifications, and bye-laws issued by the Central Government, State Government,

or Local Authorities. This includes all existing laws as well as any amendments or

new notifications that may come into force during the contract period.

The Contractor and his Sub-Contractors shall, at all times abide by the following

EW-371 PUR-F-006 RFQ-79155

Act / statutes related to Human Resources:

1. Factories Act, 1948;

2. Contract Labour (Regulation & Abolition) Act, 1970;

3. EPF & MP Act, 1952;

4. Building & Other Construction Workers (Regulation of Employment &

Conditions of Service) Act, 1996;

6. Minimum Wages Act, 1948;

7. Payment of Wages Act, 1936;

8. Payment of Bonus Acq 1965;

9. Payment of Gratuity Act, 1972;

10. Workmen's Compensation Act, 1923;

12. Maternity Benefit Act, 1961 ;

13. Inter-State Migrant Workmen (Regulation of Employment & Conditions of

Service) Act, 1979;

14. The Building And Other Construction Workers' Welfare Cess Act,

17. The Carriage by Road Act,2007.

The above list is only indicative and not exhaustive. The Contractor shall remain

fully responsible for ensuring compliance with all other applicable labour and

welfare legislations, rules, and regulations in force during the contract.

The following are some of the major responsibilities of the contractor, in addition

to other obligations prescribed under various labour laws, rules, and regulations

issued by statutory authorities such as the State Government or Government of

India from time to time, which the contractor shall strictly comply with during the

execution of the contract.

1) The Factories Act,

The contractor should not deploy worker below the age of 18 years and above

years for the awarded work.

Earn Leave shall be paid to their bonafide contract workers as per the provisions

of the Factories Act,

Payment of Earned Leave should be made monthly together with wages for better

compliances of law. The contactor shall maintain Earn leave Register in Form No.

19 as per the provisions of the said Act and submit the same on demand.

All the written registers, Performa etc. shall be maintained up to date and kept

ready for inspection at any time or submitted on-time to the concerned authorities

as per applicability of the Acts by contractor.

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

The Contractor / Agency shall have to obtain the Labour License under Contract

Labour (Regulation & Abolition) Act from the appropriate authorities before

commencement of work. The contract tor shall maintain a valid labour license

under the Contract Labour (Regulation and Abolition) Act for employing necessary

man power to be required by contractor.

The contractor should not be allowed to engage fifty (50) or more contract

labourers without initiating to obtain the labour license under the Contract

Labour Act. (the said number i.e., fifty (50) or more includes Supervisor and other

EW-371 PUR-F-006 RFQ-79155

3) Minimum Wages Act,

Contractor shall have to make the payment of wages to the Contract Labours

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

Bank compulsory, preferably situated in the premises of TPS area in case of all

works contract. The Contractor shall supply copy of Bank Statement duly

stamped by the Concerned Bank as well as debited entry of amount displayed in

the contractors' own bank account as token of proof towards payment of Wages

through CLIM/prevailing system at relevant time.

Apart from Payment of wages through Bank, Contractors shall have to make all

other payments like Advances, Bonus, Leave Encashment etc. to their labours

through bank only and cash payment / entry will not be allowed.

Wages rates for contract laborers are applicable as per the terms and conditions of

the license. The contractor shall have to pay wages to workers as notified by the

Government of Gujarat from time to time.

Any default to pay the minimum wages to the engaged workers and deprived of

their right to minimum wages payment on or before 7th of each month shall be

dealt as per the provision of labour laws. Recurrence of the same may lead to

cancellation of awarded contract.

4) The Provident Fund and Miscellaneous Provisions Act,

The contractor must possess separate P.F. code on the name of the Firm /Agency

/Company itself for the subject work.

It should be ensured that all the contract labours engaged by contractor are

covered under the provident fund scheme and employee's pension scheme and

their contribution must be remitted regularly to the concemed RPFC. The

photocopies of challan along with ECR in this regards should be submitted

regularly to the User Department to enable their onward billing clearance.

The contractor shall submit along with his bill (month wise) statement regarding

deductions against employees' provident fund and family pension scheme in

respect of each concerned employee' Provident fund and family pension scheme at

the rate of 12 %o of wages (or at the rates made applicable by the Government

time to time). The contractor's contribution and his workers contribution towards

provident fund and family pension scheme shall deposited by the contractor with

concerned PF Authorities.

5) Workmen's Compensation & Employer's Liability Insurance.

The contractors shall have to obtain Employee Compensation Policy under the

Employees Compensation A ct before starting the work. Employee Compensation

Insurance shall be obtained for all the workers engaged for the execution of

awarded contract. If any of the work is sub-letted the contractor shall ensure that

the sub contractor take and provide workmen's compensation and Employer's

liability insurance for the labours engaged. Contract tor is liable to pay

compensation in case of accidental injury arising or.t of and in the course of

employment as per the said Act and shall bear medical expenses due to on duty

6) The Payment of Gratuity Act,

EW-371 PUR-F-006 RFQ-79155

For better compliance, contractor shall pay amount of gratuity on a monthly basis

along with the payment of wages, calculated on a pro-rata basis per month, which

is equivalent to 15 days' wages for each completed year of service for every worker.

(* applicable to ARC / BRC works contract only).

7) The Payment of Bonus Act,

Every worker shall be entitled to be paid by the contractor in an accounting year,

bonus, in accordance with the provisions of this Act, For better compliance, the

contractor should pay bonus amount on a monthly basis along with wages

calculated on a pro-rata basis per month. Contractor has to submit the paid

bonus details of its worker in Form No. C as per the provisions of the said Act as

and when required by the Govt. Authority as well as by GSECL.

8) The maternity Benefit Act,

Contractor shall ensure that entitled female worker should provide Maternity

Leave and other benefits as per the provision of the said Act.

9) The Building and other Construction Workers' Act,

For any construction work, fall under the definition of Section 2(1Xd), happening

outside / inside the Factory premises the said act will be applicable and the

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

framed there under.

10) The contractor shall give preference to existing or local contract workers for

engagement in the awarded contract and shall issue appointment orders to each

and every workers individually at the time of their engagement during the period

of contract and terminate the same at the end of the each contract.

Follow the mentioned procedure at each milestone for the execution of works contract.

11) On Commencement of Contractual Work

1. Before starting the work, the contractor may contact Labour Welfare Officer /

Industrial Relations Officer for all formalities related to labour law compliance

before commencement of the contract and onward Labour Law compliance

thereof, so that later no dispute will arise in respect of compliance of labour laws.

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

maintain strict discipline as regards security, methods of safe working etc, and

not to cause any hindrance to smooth running of power station or in execution of

duties by GSECL staff Any lapse in this regard will be viewed seriously and if

lapse found, contact is liable to be terminated. If any of contractor's staff is found

unsuitable or not behaving properly, the contractor shall have to remove such

worker from the work-site on demand by EIC. To maintain harmonious industrial

relations amongst contact labours is solely the responsibility of contrac tor. Any

breach of the same will be viewed seriously.

3. A digital system developed at the request of the agencies working at the

premises of GSECL, is to facilitate them for easy, efficient, effective management

of data, gate passes, attendances, medical records, Police Verification documents

etc related to their employees / workers deployed for various works and services

against work order of GSECL.

4. On receipt of LOA and before commencement of work, authorized

representatives of the agency shall login in the CLIMS online portal / prevailing

EW-371 PUR-F-006 RFQ-79155

system at relevant time and apply for registration of their employees / workers

uploading all information with required documents in digital form. Upon

completion of due verifications, clearance by EIC and HR departments,

contracting agency will obtain gate passes. GSECL will only consider documents

like wage sheet duly accepted and signed by individual workers, as per the

engagement/deployment duration/hours of individual worker duly certified by the

agency, being the employer, for the purpose of payment of bills and HR

Agency shall be solely responsible for maintaining accurate and upto- date data of

their workers in the portal/ prevailing system at relevant time. All statutory

compliances under prevailing laws shall remain the responsibility of the

contracting agency. The agency shall indemnit/ GSECL against any liabilities

arising from noncompliance of legal provisions or inaccuracies in the data

maintained by them in the digital portal of CllMS/prevailing system at relevant

5. The Contractor who intends to engage labours more than the specified limit

under law, then necessary - Form No. V under the Contract Labour (R& A) Act,

1970 or Form No. VI under the Interstate Migrant worker (employment regulation)

Act 1979 as applicable is to be obtained for the purpose of obtaining labour

License from the Licensing Authority.

6. It shall be the duty of the Contractor or his Supervisor to ensure Bio-Metric

punching and reporting at the location of work.

7. The contractor shall employ adequate number of experienced staff at site for

daily supervision and for maintaining of various registers and records required

under the Labour laws and contracts. No payment for such supervision shall be

8. The gate passes obtained for any specific work order will be valid for that

specific work order only and contractor should not divert the man power for any

other work order. If any work or part thereof is desired/required to sublet, the

contactor shall obtain the necessary permission of EIC in black and white well in

advance which is mandatory for considering the statutory documents of agency

other than the agency who awarded work order.

12) During Contractual Work under the progress:

1. All C-ontrac tors shall have to make the payment of wages to the Contract

Labours engaged by them, on or before 7th of every month through Nearest

Nationalized Bank compulsory, preferably situated in the premises of power

The Contractor shall supply copy of Bank Statement duly stamped by the

Concerned Bank as a token of proof towards payment of Wages through CLIMS i

prevailing system at relevant time.

2. All C-ontra c tors has to comply & maintain statutory documents /registers

under the provision of labour laws & EPF Act.

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

contractor shall have to obtain work order wise separate Gate Passes and submit

the same with the documents of statutory compliance that too work order wise

every month to the User Department to enable their onward billing clearance.

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(13) CONTRACTOR TO INDEMNIFY THE GSECL REGARDING LABOUR LAWS

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

member, officer and employees of the GSECL, also Engineer-in-charge and his

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

whatsoever arising out of or in connection with the matter referred in above

clauses and elsewhere and against all actions, claims demands, cost and

expenses which may be made against the GSECL by any workman/ employees of

contractor or any sub- contractor and or from any liability any wise to any

workman/employees of the contractor or sub-contractor under any laws, rules or

regulation having in force of law including but not limited to claims against the

owner under employee compensation Act, 1923. The Employee's Provident Fund

Act.l952, and/or the contract labour (Abolition and Regulation) Act,

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

accident or injury to any workmen or other person in the employment of the

contractor or his sub-contractor, and the contractor shall indemnify and keep

indemnified the GSECL against all such damage and compensation and against

all claims, demands proceedings costs, charges and expenses whatsoever in

respect of or in relation thereto.

The contractor shall at his own expense / risk and cost to comply with all the

labour laws as above-mentioned and keep the G.S.E.C.L. indemnified in respect

GSECL : shall be entitled /empowered to deduct directly from the bills, the

amount to be paid to engaged bonafide contract workers or the contract workers

engaged by Sub-contractor any sum or sums payable by main contractor / sub-

contractor and which sum/sums the Corporation is required to pay in capacity of

Principal Employer on account of the default of contractor in respect of all

liabilities incurred out of noncompliance regarding any provisions of Labour Laws

and same amount shall be recovered from the pending dues of the contractor with

15% administrative charges.

Any other rules and regulation, conditions, circulars etc., that are in force at

present and that may be famed by the G S E C L from time to time in connection

with contracts will be binding and acceptable to contractor.

The above are some of the major liabilities of the contractor in addition to other

liabilities prescribed under the various labour laws in force from time to time from

Statutory Authorities like State Government / Government of India, which the

contractor shall have to comply with.

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

EW-371 PUR-F-006 RFQ-79155

other statutory Government authorities and will be notified to Engineer In-Charge

14) Submission of Statutory documents to ensure the compliances:

The contractor shall upload statutory documents, work order-wise, under Labour

Laws and EPF in CLIMS / prevailing system at relevant time.

Required documents shall be uploaded by the contractor in existing portal

/prevailing system at relevant time invariably each month to Engineer In-Charge

for onward process and smooth clearance by HR Department.

List of documents required for gatepasses of contract workers through clims

/ prevailing system

Sr No Description of documents attached

01 Copy of Work Order

02 Copy of P. F. Code No.

03 Insurance Policy as per subject of work order under the Workmen

Compensation Act,1923

04 Contract agreements/ subletting work contract documents with

05 Copy of Id proof of Aadhar card or Election voting card or driving

license or Passport only

06 Copy of Police Verification in respect of each contract workers

15. The contractor whose work order value is above Rs. 5 lacs shall have to

submit "Declaration cum Indemnity Bond" on Rs. 300/- Non-Judicial stamp paper

in prescribed Performa (Annexure- "B") with Agreement and Indemnity Bond

before the commencement of the contract.

EW-371 PUR-F-006 RFQ-79155

DECLARATION CUM INDEMNITY BOND

( On Rs.300/- Non Judicial Stamp Paper duly notarised)

THIS DECLARATION CUM INDEMNITY BOND made at…………………….(mention location) by

M/S……………………………. having its Reg. Office at

(hereinafter referred to as "Contractor" which expression shall unless it be repugnant to the

context or meaning thereof, be deemed to mean and include their respective assigns,

successors, executors, subcontractors and / or administrators) of the ONE PART in favour of

M/S Gujarat State Electricity Corporation Limited having its power Station at

.......................Therma1 Power Station (hereinaffer referred to as the "Company" ), which

expression shall unless it be repugnant to the context or meaning thereof be deemed to mean

and include its assigns, successors) of the OTHER PART.

WHEREAS the COMPANY has entered into a contract with the Contractor for the work of

under order No: …………………………………..dated…………………….”hereinafter called the

AND WHEREAS it is one of the essential conditions of the Contract that the Contractor shall

comply with all the provisions of the Labour & Industrial Laws, as may be applicable from

time to time for the discharge and completion of the works and completion of the Works and

Services covered under said Contract Labour (R & A) Act 1970, Child Labour (Prohibition and

Regulation) Act 1986, The Employees Provident Funds & Miscellaneous Provisions Act,1952,

Employees State Insurance Act 1948, Minimum Wages Act,1948, Payment of Bonus

Act,l965,Payment of Wages Acl,1936, Employees Compensation Act.1923, Factories Act,1948

and other Labour Laws, Rules, Notifications and Codes which are at present applicable to the

contractor and which may be applicable during the tenure of the contract (hereinater referred

as the 'Laws').

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

to this effect and has agreed to indemnify and Company, it's D ire c tors, Officers and

employees and representatives indemnified and hold harmless against all third party claims,

charges ,penalties, fines, expenses ,losses, damages costs, suits or any other levy against the

EW-371 PUR-F-006 RFQ-79155

Company and/or the management due to the failure of the Contractor to observe or follow all

applicable laws.

NOWTHIS DEED WITNESSETH AS UNDER

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

delays, misdeeds, faults, breaches, inactions etc done by his assigns, successors, executors,

subcontractor and / or administrators shall be construed to be have been done by the

contractor and he alone shall be liable for such acts, inactions etc.

2. In consideration of the Company awarding the Contract to the Contractor subject to the

condition of execution of this Declaration cum Indemnity bon{ the Contractor declares and

represents to the Company that the Contractor has obtained all Statutory registrations,

Certificates, licenses and approvals required under the Laws enabling the Contra ctor to

execute the Contract in a legal and lawful manner.

3. That in the event of any liability arising out of non-compliance of any 'Laws' of the land by

the Contractor in connection with the Performance of the contract the Contractor shall bear

all the resultant liability (ies) whatsoever, if any and that the company , its Directors, Officers

and employees, representatives, shall not be liable for any such liability(ies). The Contactor

undertakes to indemnify and keep the Company and its Directors, Officers and employees,

representatives indemnifies, defend and hold harmless, against all losses, costs, damages,

claims, penalties, interest, expenses, demands, fines, legal liability, causes of action, injury

to persons, suits etc., which may be suffered, incurred, undergone and / sustained by the

Company including the Costs and expenses that may be incurred in defending any such

liability(ies) claim(S), Proceeding ( S) etc. that maybe made or taken or taken or arise on the

same by any Person, body, authority, government, judicial / quasi - judicial authority due to

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

amendments in acts, laws, statutes & rules there under) of whatsoever kind and nature

arising out of or in any way connected with, whether or not such acts or omissions are actual

or alleged, active or passive with regard to the discharge of the said Contract.

4. The Contractor further declares that in case of any suit / claim/ right / damages /

compensation / fine / levy / charges / expenses / losses / penalties / costs raised by the

third party, including contract labours engaged by the contractor, he shall join such

proceedings in such Suit/Court/Tribunal/Authority and effectively defend the same.

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

suits, demands, decrees, expenses that the Company may suffer to the fullest satisfaction of

the Company and if the Contractor fails to make good the same then the Company shall have

EW-371 PUR-F-006 RFQ-79155

the right to recover the same from and or any other loss sustained, without any restriction or

limitation, together with any

other incidental expenses, costs, and all incidental logistic expenses etc that may be suffered

by the Company from the Contractor and the Contractor hereby further confirms and

declares that this Declaration cum Indemnity Bond is irrevocable and shall be final and

binding on him, his heirs, executors, administrators, legal representatives, successors,

subcontractors and assigns, wherever the context applies. any claims, demands, shall be

adjusted against any amount due and payable to the Contractor and the Company shall have

the right to withhold any amounts due and payable to the

Contractor, till the settlement of such claims, disputes to the Contractor towards discharge

of such claims, obligations etc.

This Declaration cum indemnity bond shall be in accordance with the laws of India and any

dispute between the parties with regard to this Declaration cum Indemnity Bond shall be

resolved through the dispute resolution process mentioned in the General Conditions of the

Contract (GCC).

IN WITNESS WHEREOF, the said Contractor has hereunto set their hand the day and year

first hereinabove written.

SIGNED SEALED AND DELIVERED By the within named *CONTRACTOR"

(Authorised Signatory)

Rubber Stamp of Firm/Company

In presence of Witness

Name & Address of Witness Signature

Residential Address:

Residential Address:

The labour codes recently implemented by the Central Government of India shall

EW-371 PUR-F-006 RFQ-79155

become applicable to this contract as and when the same are notified and brought

into force by the Government of Gujarat, along with the Rules framed thereunder.

The Contractor shall ensure full compliance with all such applicable provisions,

including any amendments issued from time to time, and shall be solely responsible

for adherence to statutory requirements under the said Labour Codes and Rules. Any

financial or legal liability arising out to due to non-compliance shall be borne

exclusively by the Contractor, and GSECL shall stand fully indemnified in this regard

To ensure the successful implementation and operation of CLIMS, the following

guidelines are hereby issued.

1. CLIMS is a web-based system that can be accessed by agencies from any

location using a desklop, laptop, or mobile device.

2. To begin using the system, agencies must register by entering their EPO

(EUrja Order) number. All other necessary details are automatically fetched

from the E-Urja system.

3. The issuance of gate passes for contract labour is managed entirely

through CLIMS. Agencies can generate and track gate passes within the

4. In order to enable gate pass issuance, agencies are required to input and

upload the necessary details of their contract labourers into the system.

5. Once the required information is submitted, the gate pass approval

process is initiated and managed through the system. The request

automatically moves through the predefined workflow levels. Agencies can

monitor the real-time status of their gate pass applications via CLIMS.

6. Upon completion of all required approvals within the system, the gate

pass is issued to the agency.

B. Attendance and wages of workers:

1. Once contract workers gate passes are approved in the system, they are

required to be registered in Bio-Metric/Tace Reader Punching machines by

2. The attendance of all contract workers can be monitored and maintained

through CLIMS by contractors.

3. Access to data of Bio-Metric is given to agencies. It should be the duty of

agencies or his supervisor to ensure the supply of specified number of

manpower and to ensure their Bio-Metric punching and reporting at the

location of work.

4. Attendance register and wage register of the worker will be generated by

CLIMS from the login of agency only.

C. Compliance to various labour laws:

l. All the contractors have to comply various labour laws and they shall

submit the attached Declaration-cum indemnity Bond before staring of

work. This Bond may also be made part of ensuing tenders/contracts.

2. Contractors shall upload the CLIMS generated previous month

EW-371 PUR-F-006 RFQ-79155

attendance sheet, wage register duly signed by workers, wage bank

statement, ECR copy, PF Challan and Remittance slip.

3, The said submined documents in CLIMS will go to user department,

after verification of completeness of documents, user department will

forward it to HR Department for further verification and approval.

4. If the documents are complete, HR Department will approve in CLIMS

and send to Account Department for further process of bill.

5. If non-compliance is found in submitted documents, it will be returned

to user department in CLIMS with specific remarks and user department

will forward it to contractor for compliance. In such cases, 7 5Yo of the bills

may be released subject to a maximum ceiling of 20Vo of the contract

values. Such system of payment shall be allowed only for 3 monthly

Running Accounts (RA) bills (Maximum cumulative amount up to 20%o of

the contract value) of the contractor in a period contract (AMC) of

months or 6 RA bills in a period contract (BMC) of 24 months if there is

non-compliance. All other RA bills and specifically final bill shall not be

processed if the previous & current compliances are not made by

contractor. No such relaxation will be granted for non-periodic, one time or

overhauling type contract.

D. Special Case:

In case of work order issued for expert services to PSU or OEM/OES

following procedure may be adopted.

I. If officers / specialized manpower / expert Engineers from Govt / Semi

Govt Companies / PSUs / OEM / OEs/foreign experts are deployed for

short-term, specialized, or ad-hoc technical / consultancy services (e.g.,

commissioning. maintenance, consultancy or inspections), concerned

Engineer In-Charge (EIC) shall certify the same.

2. The EIC must obtain following documents from the concerned Govt /

Semi Govt Companies / PSUs / OEM / OES etc:

(D Declaration cum undertaking (As per Annexure-A) that visiting experts

are their regular employees with documentary proof; and

(ii) Declaration towards compliance of applicable labour laws.

The above documents shall be submitted along with the bill / Invoices by

EIC to HR department.

EW-371 PUR-F-006 RFQ-79155

Declaration-cum- Undertaking

This is to certify and declare that Shri [Employee's Full Name],

son/daughter of [Father's Name], is a permanent/regular employee of

[Company Name], employed in the capacity of [Designation]. His/Her

Employee identity Card is attached herewith for reference.

It is further declared that his/her Universal Account Number (UAN) under

the Employees'Provident Fund and Miscellaneous Provisions Act, 1952, is

[UAN Number] as applicable.

We hereby undertake and declare that:

1. We have complied with all applicable provisions of all the labour laws,

including but not limited to the Employees' Provident Fund and

Miscellaneous Provisions Act, 1952; the Employees ‘State Insurance

Act, 1948; the Payment of Wages Act, 1936; the Payment of Bonus

Act, 1965; the Contract Labour (Regulation and Abolition) Act, 1970;

the Minimum Wages Act, 1948; and other relevant labour and

industrial legislations, in respect of Shri [Employee's Full Name] as

applicable to us.

2. We further undertake to produce, as and when required, all statutory

records, registers, challans, and returns as proof of compliance to the

Gujarat State Electricity Corporation Limited (GSECL) or any other

statutory/government authority.

3. We hereby indemnify GSECL in respect of any civil or criminal liability

which may arise due to any non-compliance of the law of the land in

respect of our above-mentioned employee.

This Declaration-cum-Undertaking is issued in good faith and to the best of

our knowledge and belief and shall be binding upon us.

Authorised Signatory,

For [Company Name]

[Authorised Signatory Name]

[Seal/Stamp of Company]

[contact Details]

EW-371 PUR-F-006 RFQ-79155

EW-371 PUR-F-006 RFQ-79155

EW-371 PUR-F-006 RFQ-79155

47. MATTERS RELATED TO EXECUTION OF WORK:

a) Work shall commence from the date given in letter to commence the work by

EIC at site. The Contractor shall make all necessary arrangements at site to

mobilize labour, operators, divers and materials and maintain necessary number

of machinery and equipment, barge, pontoons etc., to guarantee the agreed rate

of progress of work as per schedule.

b) A detailed work schedule showing how he proposes to carry out the work,

specifically mentioning time periods as well as date of commencement and

completion of each activity and such approved schedules must be strictly

adhered to by the CONTRACTOR. After the owner has agreed with the schedule,

the Contractor shall prepare detailed program of each work front/activity

breaking it down giving daily quantifiable/measure of progress. The schedules

are to be reviewed periodically with the OWNER / ENGINEER to ensure that the

completion date will be met or to institute corrective steps (at no extra cost to the

ENGINEER) to adhere to the completion dates. The OWNER reserves the right to

revise the schedule at his discretion in order to keep up to the completion date

and to suit the project requirement and such alterations shall not entitle the

CONTRACTOR to any extra payment.

c) A work schedule with PERT / Bar Chart for carrying out the work in prescribed

time limit mentioning date of commencement, activity to be carried with its time

period, starting & finishing event for each activity, completion of total project in

critical path etc, shall be jointly fixed and approved by the GSECL. Such

approved schedules must be strictly adhered by the Contractor.

d) After the GSECL has agreed with the schedule, the Contractor shall prepare

detailed program of each work front / activity breaking it down to daily

quantifiable measure of progress. The schedules are to be reviewed periodically

with the Owner / E.I.C to ensure that the completion date will be met or to

institute corrective steps (at no extra cost to the GSECL) to adhere to the

completion dates. The Owner reserves the right to revise the schedule at his

discretion in order to keep up to the completion date and to suit the project

requirement and such alterations shall not entitle the Contractor to any extra

e) The GSECL reserves the right to delete any item of schedule-B for which

contractor shall not have any right to claim on this account.

f) One permanent reference bench mark and a reference base line shall be given for

lay out of work, which shall be maintained without disturbance by the

CONTRACTOR during the tenure of the contract. CONTRACTOR shall establish

local bench marks as directed by the ENGINEER IN CHARGE.

g) The contract or any part thereof shall not be subject to change without the

written permission of the Chief Engineer (Gen.) GSECL, GANDHINAGAR TPS or

his authorized representatives.

h) During the execution of the work if it is found that the work is not progressing as

per the scheduled program approved by the GSECL & planned by the contractor,

due to the reasons attributable to the contractor, suitable action shall be taken

as per Clauses in this tender elsewhere & other relevant clauses appearing in the

section of “Terms & condition of tender & works contract, Legal conditions of

works contract” of tender document. And the GSECL may also take such action

as it may deem fit to ensure that the work is completed in time at Risk and Cost

of the contractor.

i) Contractor shall attend meetings at EIC's office at site or any other place as fixed

by the EIC, as and when required for review, discussion, coordination etc.

Attending these meetings shall be obligatory on the part of the Contractor, at no

cost to the GSECL.

j) The Contractor shall take all requisite & necessary care to observe that no

damage is caused to the existing, pumps, existing works, service road, or any

other structure etc. For any damage to the existing structures of the GSECL, the

Contractor shall be held responsible and he will have to rectify the damage

immediately up to the satisfaction of Engineer in Charge, at his own cost.

k) The work shall be completed within the period stipulated in the contract. & site

clearance arranged according to the progress of work at site. Therefore, the

contractor has to organize & coordinate the work to suit these circumstantial

conditions. In the event of any delay due to the above or due to any other reason

EW-371 PUR-F-006 RFQ-79155

not attributable to the contractor, reasonable extension in completing the work

may be given at the discretion and as decided by the GSECL but no

compensation or idle charges will be payable to the contractor on this account or

any site conditions under any circumstances.

l) No idle charges shall be entertained by GSECL for any site condition or any

circumstances. The corporation will not pay any type of advances including

mobilization advance

48. RECOVERIES:

a) In case of any damage to equipment / machinery or structure / building of

GSECL or any public property due to negligence of contractor or any other

reasons attributed to contractor, the decision of E.I.C. regarding the amount of

recovery shall be final.

b) If the contractor fails to execute the work as per direction of E.I.C. within the

time frame given, the GSECL shall get the work done through any other

contractor at the risk and cost of the contractor and the cost of execution of such

work along with 15% overhead charges shall be deducted from contractor’s

monthly bill over and above recovery as per rules.

c) Recoveries due from the contractor, up to the end of the month previous to the

one in which the bill is prepared shall be made from bills approved for payment

every month or at other periods when the bills are prepared, for the various

items in the following order of priorities and extents.

d) Deduction on account of security deposit in full together with shortage, if any, to

e) Penalty in full, if levied.

f) Expenditure, if any, incurred by the Corporation on Contractor’s behalf in labour

or materials in full.

g) Charges for services such as water and power supply etc. in full.

h) Charge on account of supply of materials like cement and steel in case of

shortages found in balance or excess consumption than specified.

i) Hire charges for Corporation or Government machinery if any.

j) Recoveries of advance and secured payment or payments for preliminary work in

full or the installment due if and as the same as may have been allowed.

k) Rent recovery on account of allotting quarters on rent as per Corporation’s rules.

l) Income tax and sales tax in full as per Government rules.

m) Outstanding recoveries in respect of other contracts awarded by the Corporation

n) Other recoveries. (If any)

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

The contractor shall proceed with the work with diligence and expedition and

the whole of the work herein specified as well as the mode of execution shall

be under the supervision and direction and shall be carried on to the entire

satisfaction of the Engineer-in-charge, who shall have full power to order the

contractor to alter, enlarge or diminish the form, dimensions, positions, or

quantities of any of the work or to make use of material and workman-ship of

different descriptions and qualities from this herein specified.

The whole of the works, together with any temporary works, associated

therewith, shall be carried on in the most substantial proper and mannered

workman like manner, with the best materials and workmanship and to the

entire satisfaction of the Engineer-in-charge and in such order of time as he may

direct. The contractor shall attend to and execute without delay all orders and

instruction which may from time to time be issued by the Engineer-in-charge.

50. MATERIALS WORKMANSHIP etc.:

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

workmanship of best quality and strictly in accordance with the specifications

and with the drawings, or with such other drawings or written instruction as may

from time to time be furnished to the contractor, in accordance with terms of

this contract and shall be completed in every respect with all materials and

workmanship implied and necessary according to the fair interpretation and

meaning of the same and should there be any discrepancy between the drawings

and specifications or any difference or disputes as to the dimensions to be

worked to or the quality of the materials to be used, or the mode of doing

periodical quantity of the work to be executed or with respect to any subject

EW-371 PUR-F-006 RFQ-79155

arising out of this contract, the decision of the Engineer-in-charge shall be final

and binding on all parties. Rejected material shall be so disposed off as to obviate

any possibility of their use on works. The place, method and period of disposal

shall be as directed by the Engineer-in-charge.

51. SAMPLES OF DESCRIPTIVE DATE:

Samples of descriptive date, requiring approval, shall be submitted by contractor

to the Engineer-in-charge in good time before the use of such material for

inspection and permission of testing if required. The samples shall be properly

marked to show the name of the material, manufacture, place of origin, and

place where to be used etc. Failure of any sample to pass specified tests will be

sufficient cause for the refusal to consider any further sample from the same

52. FENCING AND LIGHTING AND VENTILATION

Except as herein after provided, the contractor shall unless otherwise specified,

be responsible for the proper fencing, guarding, lighting and taking of the

necessary safety measures for all works comprised in the contract and or the

proper provision of temporary roadway, footways, guards fences, caution

notices etc. as far as the same may be rendered necessary by reasons for the

work for the accommodation and protection of workman foot passenger or

other traffic and of the owners and occupiers of adjacent property and of the

public and shall remain responsible for any accidents that may occur on

account of his failure to take proper and timely precautions.

All the arrangements made for fencing, lighting and ventilation shall be

maintained by the contractor throughout the tendency of the contract till

physical taking over of the work by the department.

53. LIABILITY FOR DAMAGE TO WORKS OR PLANTS

 The contractor shall during, the progress of the work, properly cover up and

protect the work, and plant, and materials placed at his disposal or acquired

for him by the Corporation, from injury by exposure to the weather, or any

cause what so ever and shall take every reasonable proper timely and useful

precaution against accident or injury to the same from any cause and shall be

and remain answerable and liable for all accidents, or injuries thereto which until

the same be or be deemed to be, taken over by the Corporation, may arise or be

occasioned by the acts or omissions of the contractor or his workmen of

sub-contractors, and all losses and damages to the works or such plant or

material arising from such accidents or injuries as aforesaid shall be made good

in the most complete and substantial manner by and at the sole cost of the

contractor and to the reasonable satisfaction of the Engineer-in-charge. If the

contractor fails to make good such losses & damages within the time given by the

Engineer-in-charge, the Corporation shall be at liberty to recover the amount fixed

by the Engineer-in-charge for such losses or damages or any part thereof by

deducting it from any sum due by the Corporation to the contractor under this

contract or otherwise.

 Further the contractor shall, at all time, protect and preserve all materials, plant

and equipment that he may himself have procured for the execution of the work.

All reasonable requests of the Engineer-in-charge to enclose or especially protect

any of the above shall be expeditiously compiled with.

 If the Engineer-in-charge considers that the work or materials or plant is not

sufficiently protected by the contractor, he shall be entitled to arrange for such

protection at his unfettered discretion and recover the cost thereof from the

 Until the work shall be or be deemed to be taken, over as aforesaid, the contractor

shall also be liable for and shall be deemed to have indemnified the Corporation in

respect of all damage or injury to any person or any property of the Corporation or

of others, occasioned by the negligence of the contractor or his workmen, or his

sub-contractor, or by defective design, work or materials.

54.EXPLOSIVE PROCUREMENT AND STORAGE (IF APPLICABLE)

i) Explosives, petrol, oils, fuels and other inflammable materials shall be stored

strictly in accordance with the rule of the Explosive Department.

ii) The contractor shall at his own expense construct and maintain, proper

magazines which are required for the storage of explosive and arrange for proper

storage facilities for oils, fuels etc. for use in connection with the work.

EW-371 PUR-F-006 RFQ-79155

iii) The contractor shall at his own expense obtain such license or licenses as may be

necessary for strong and using explosives, oils, fuels etc. The department shall not

take any responsibility whatsoever in connection with the storage or use of

explosives on the site, or any accident or occurrence whatsoever in connection

therewith. All operation of the contractor in which or for which Explosives are

employed shall be at risk of contractor and upon his own responsibility.

55. MATERIALS TOOLS AND PLANT BROUGHT ON THE SITE OF WORK

All materials, tools and tackle of the contractor brought to and delivered upon

the site for the purpose of the work shall from the time of their being so brought

shall be deemed to be the property of the Corporation in its possession to be

used for the purpose of the work and for that purpose only and shall not on any

account be removed or taken away by the contractor or any other person

without the written permission of the Engineer-in-charge but the contractor

shall nevertheless be solely liable and responsible for and loss destruction

thereof or damage thereto. The Corporation shall have a lien on such

materials, tools and tackle for any sum of sums which may at any time prior to

the completion of the works be due or owing to the Corporation by the

contractor, under in respect of and dispose of any such materials, tools and

tackle in such manner as the Corporation may think fit and to apply the

proceeding in or towards the satisfaction of such sum or sums so due or owing

as aforesaid but subject to such lien and power of sale and disposal such

surplus materials, tools and tackle shall belong to the contractor and may be

removed and disposed off by him as he may think fit.

56. ACCESS TO SITE AND WORK ON SITE

The Engineer-in-charge or his authorized representative may if he consider fit

from time to time enter upon any lands which may be in the possession of

the contractor under this contract, for the purpose of executing any work not

included in this contract and may execute such work not included in this

contract by agents, or by other contractors at his option and the contractor shall

in accordance with the requirements of the Engineer-in-charge, afford all

reasonable facilities for execution of the works including occupation of lands by

structure or otherwise for any other contractor employed by the Corporation

and his workmen or for the workmen of the Corporation who may be employed

in the execution on or near the site of the work not included in the contractor’s

any contract in connection with or ancillary to the works and in default, the

contractor shall be liable to the Corporation for any delay or expense incurred

by reason of such default. Provided always that if the exercise of those power

shall cause any damage to the contractor he may within fifteen days of such

damage arising make a statement of the same to the Engineer-in-charge who

shall from time to time assess the value in his Judgment of such damage and the

Corporation shall from time to time shall pay to the contractor the amounts (if

any accepted as justified) by the Engineer-in-charge. The contractor shall not

however, on account of any such modified, new or extra work executed by or for

the same of the Corporation be entitled to claim relief from the obligation to

execute other works.

57. INSPECTION OF WORKS

The Engineer-in-charge or his duly authorized agent shall have at all time full

power to inspect the works, wherever in progress, either on the site, on the

contractor's premises or at the premises wherever situated, of any firm or

Corporation where work in connection with this contract may be in hand.

Further, the contractor shall not allow, without written authorization permit

entry on site of work, any person except authorized agents of the Corporation of

the Engineer-in-charge or the contractor's staff and labour directly engaged on

and in connection with the work.

The contractor shall, during working hours, maintain supervisors having

sufficient training and experience to supervise the various items and operations

of the work and the said supervisors shall remain present during the inspections

of the Engineer-in-charge. All orders and directions given to such supervisors or

other staff of the contractor shall be deemed to have been given to contractor.

Further the Engineer-in-charge may be due notice, desire a higher ranking

EW-371 PUR-F-006 RFQ-79155

members of the supervisory staff of the contractor to be present on any specified

inspection and the contractor shall comply with such direction.

58. CLEANING UP

 The contractor shall at all times keep the construction area and his power house

and storage areas free from accumulation of waste, or rejected materials.

 Prior to the completion of the work the contractor shall remove all rubbish from

and about the premises, and all tools, scaffolding, equipment and materials which

are not part of permanent structure. The premise will be left in a manner fully

satisfactory to the Engineer-in-charge, thereafter only the completion certificate

will be issued.

59. CONTRACTOR TO KEEP INVENTORY OF MATERIALS etc.

The contractor shall prepare and maintain an inventory of all materials

temporary rolling stock, plant purchased or hired for use of employment or for

any of the purposed for this contract and such inventory or a copy thereof shall

at all times be available for inspection by the Engineer-in-charge. A complete

and up to date copy of the inventory shall be submitted to the Engineer-in-

charge in the beginning and once a year; thereafter changes in the interim

period, if any shall be communicated on every three months.

60. CONTRACTOR TO RESTORE PLANT

Upon completion of the work, the contractor shall deliver to the Corporation, all

appliances, materials, and plants which may have been loaned or hired to him

by the Corporation and make good all damages which may have occurred to

them, except such as shall be caused by fair wear and tear in execution of the

61. PROGRESS SCHEDULE

i) The contractor shall furnish, within one week unless extended by the Engineer of

the order to start the work, a progress schedule in quadruplicate indicating the

date of start the weekly progress expected to be achieved and the anticipated

completion date of each major items of work to be done by him, also indicating

dates of procurement and setting up of materials, plant and machinery. The

schedule should be such as is practicable of achievement towards completion of

the whole work in the time limit and of the particular items on due dates

specified in the contract and shall have the approval of the Engineer. Further, the

dates for the progress as in this schedule shall be kept up-to-date. In case it is

subsequently found necessary to alter this schedule, the contractor shall submit

in good time a revised schedule incorporating necessary modifications proposed

and get the same approved by the Engineer. No revised schedule shall be

operative within such acceptance in writing.

Detailed schedules for each week showing the progress proposed to achieve

shall be submitted to the Engineer and got approved. The Engineer is further

empowered to ask for more detailed schedule or schedules any week by week, for

any items or items, and the contractor shall supply the same as and when asked

ii) The Engineer shall have, at all times the right without in any way vitiating this

contract, or forming grounds for any claim to alter the order of the works or any

part thereof and the contractor shall after receiving such direction proceed in the

order directed. The contractors shall also revise the progress schedule

accordingly and submit four copies of the revised schedule to the Engineer within

seven days of the Engineer's direction to alter the order of works.

iii)The contractor shall furnish sufficient plant equipment and labour and shall

work such hours and shifts as may be necessary to maintain the progress on the

work as per the approved progress schedule. The working and shift hours shall

comply with all GSECL's regulations in force and shall be such as may be

approved by the Engineer. They shall not be varied without the prior approval of

iv)The contractor shall from time to time as may be required by the Engineer,

furnish the Engineer, with a statement in writing of the arrangement he proposes

to adopt for the execution of this contract and the Engineer may if he considers,

necessary at any time advise alteration in the same, which the contractor shall

adopt on notice thereof.

v) The progress schedules shall be in the form of progress charts, forms,

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statement and/or reports as may be approved by the Engineer. Further, the

contractor shall submit four copies showing the progress of work in forms and

charts etc. at periodicals intervals as may be specified by the Engineer.

62. DATE OF COMPLETION

The contractor shall supply, erect, equip and construct the whole of the works

and hand over them to the Corporation on or before the date specified in the

tender document including "Special Conditions" and save as herein provided, in

no circumstances whatever shall extend or alter the date for the completion of

works. Provided always that if in the opinion of the Engineer-in-charge the

completion of the works shall be delayed by any change of original design or

by the order of the Engineer-in-charge, of any altered, modified substituted or

additional works or materials omitted or by strikes, lock outs or stoppages of

labour, or revolution, riots, civil or political disturbance or by causes directly

due to war or by the contractor not being given possession of the site or any part

there-of or by the Corporation taking possession of and using the site or any

part thereof or the works or any part thereof, whether any nonperformance of

work under the powers herein contained or otherwise or by any

nonperformance of work or non-supply of materials to be performed or

supplied by the Corporation or by the contractor not receiving any orders,

drawings, instructions or directions in time or by the suspensions of the

works or by fire, flood exceptionally bad weather tempest, storm, or by from

unforeseen circumstances (and whether the same shall be due to any act or

omission of the Corporation or its agents or those in their respective service or

not) the Engineer-in-charge may, if in his unfettered discretion, he thinks fit

either forthwith or at any later time and from time to time not withstanding

that the prescribed or extended time for completion has expired or that the

work have been completed, by writing under his hand, extend the time for the

completion of the works to such date as he shall appoint. Provided always that

unless the contractor makes a written application to the Engineer-in-charge

within one month of the cause of delay and unless the time is extended by the

Engineer-in-charge, the prescribed time shall not be extended notwithstanding

delays from the aforesaid foregoing or any other causes of whatsoever kind.

63. SUBLETTING OF CONTRACT

There will be generally no objection on the component parts for the work, being

given over to responsible sub-contractors but Corporation shall under

no circumstances recognize these sub-contractors and the responsibility of

executing the work in the accordance with the conditions of contract will

entirely rest on the main contracts. The main contractors will therefore always

have the very responsible member, preferably a technical hand present on

the works with power to sign all work orders issued on the site of work and to

take requisite actions in the interest of very efficient execution of work.

However, the subletting of the contract can be made only with the prior approval

of the competent authority of the Corporation.

64. OTHERCONTRACTS FOR THE WORK SUSPENSION STOPPAGEOR

CURTAILMENTS OF WORK

If during the tendency of the contract the Engineer-in-charge shall for any

reasons (which shall be unquestioned) whatsoever require the whole or any

part of the work as specified in the contract to be suspended for any period or

shall not require the whole or any part of the work as specified in the

contract to be carried out at all by the contractor, he shall give notice in writing

of the fact to the contractor who shall thereupon suspend or stop the work

totally or partially as the case may be. In any, case, except as provided

hereunder, the contractor shall have no claim to any payment or compensation

whatsoever on account of any profit or advantage which he might have derived

from the execution of the work in full but which he did not so derive in

consequence of the full amount of the work not having being carried out, or

on account of any loss that he may be put to on account of materials

purchased or agreed to be purchased or for unemployment of labour recruited

by him. He shall not also have any claim for compensation by reason of any

alterations having been made in the original specifications, drawings, designs

and instruction which may involve any curtailment of the work as originally

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contemplated. Where, however, materials have already been purchased or

agreed to be purchased by the contractor, before receipt by him of the

aforesaid notice, the contractor shall be paid for such materials at the rate