GOVERNMENT OF MADHYA PRADESH

Appendix 2.10
Tender Document

For Percentage Rate only in Works Departments and other

Departments similar to Works Departments
(Effective from 01/01/2014)

NIT Number and Date : 06/2021/Centralised Tender/G/APD

Jabalpur Date 26-03-2021

Agreement Number and Date : ………./DL/2020-21 DT-………………..

Name of Work CONSTRUCTION OF AYUSH AUSHDHALAYA

BUILDING AT- PARASWADA, DISTT-
BALAGHAT (1ST Call)
Name of the Contractor : ……………………………………….

Probable Amount of Contract

(Rs. In Figure) : Rs 28.38 Lacs

(Rs. In Words) Rs. Twenty Eight Lacs Thirty Eight

Thousand Only
Parcentage : ……………………

Contract Amount
(Rs. In Figure) : ……………….. Lacs
(Rs. In Words) : …………………………………….

Stipulated Period of Completion : 06 months i/c rainy season

Page 3 of 190
 Appendix 2.10
Tender Document
Table of Contents

Section Particulars Page

No
Section1 NIT 3-5

Instructions to Bidders (ITB) 6 - 12

Section2 Bid Data Sheet 13 - 14

Annexure -A to M 15 - 34

Table of Clauses 35
Part - I General Conditions of 36 - 53
Contract (GCC)
Section3 Contract Data 54 - 56

Annexure - N to W 57 - 72

Part - II Special Conditions of 73

Contract (SCC)
Section4 Bill of Quantities (BOQ) 74

Section5 Agreement Form 75

Page 4 of 190
 1
SECTION 1
Notice Inviting e-Tenders
Government of Madhya Pradesh
Online percentage rate bids for the following works are invited from registered contractors
and firms of repute fulfilling registration criteria:

S. No./ Work District(s) Probable Completion

Pkg/Code Amount Period
(Rs. in lakh) (months)
1 CONSTRUCTION OF AYUSH balaghat Rs. 28.38 Lacs 06 months
AUSHDHALAYA BUILDING Rs. Twenty including rainy
AT- PARASWADA, DISTT-
Eight Lacs season
BALAGHAT (1ST Call)
Thirty Eight
Thousand
Only
1. Interested bidders can view the NIT on website http://www.mpeproc.gov.in

2. The Bid Document can be purchased only online from 01-04-2021 to 16-04-2021 at 6 PM-

3. Amendments to NIT, if any, would be published on website only, and not in newspaper.

4. Last date for submission of orginal EMD issued by Schedule Commercial Bank
only. Affidavit for Rs. 100/- (Original Copy) & other documents through
Speed Post/Regisgtered post on……………………………………………... Department will not
beresponsible for any postal delay.

5. The tender document can be purchased only online from the above website after making online
payment using credit card or internet banking accout. Detailed NIT and other details can be view
on the above mentioned portal.

6. The ownership of plants and machinery must be in the name of the contractor in case of black
topping renewal work costing more than Rs. 20.00 lacs and in case of road work comprising of
embankment. Sub grade, granular/WMM/WBM crust, bituminous and cross drainage work etc.
all together costing than Rs. 300.00 lacs (Govt. of MP PWD No. F-53/15/2012/19/Plan/3701
Bhopal dt. 23.06.2012)

DIVISIONAL PROJECT ENGINEER

P.W.D. P.I.U. Balaghat

1
Section 1 – NIT

Page 5 of 190
 2
Notice Inviting Tender
Government of Madhya Pradesh
PWD Department

Online percentage rate bids for the following works are invited from registered contractors
and firms of repute fulfilling registration criteria:
S. No. Name of Work District Probable Earnest Cost of Bid Category Period of
/Pkg/ Amount of Money Document of Completion
Code Contract Deposit (In Rupees) Contractor (in Months)
(Rs. in (EMD)
lakh) (In Rupees)

1 CONSTRUCTION OF AYUSH Balaghat Rs. 28.38 50000/- 5000/- Centralise 06 months

AUSHDHALAYA BUILDING Lacs Rs Fifty Rs. Five d PWD including
AT- PARASWADA, DISTT-
Rs. Twenty Thousand Thousand Registratio Rainy
BALAGHAT (1ST Call)
Eight Lacs
Thirty Eight Only Only n season
Thousand
Only

1. All details relating to the Bid Document(s) can be viewed and downloaded free of cost on the
website.

2. Bid Document can be purchased after making online payment of portal fees through
Credit/Debit/Cash Card/internet banking.

3. At the time of submission of the Bid the eligible bidder shall be required to:

i) pay the cost of Bid Document;

ii) deposit the Earnest Money;
iii) Submit a check list;and
iv) Submit an affidavit.
Details can be seen in the Bid Data Sheet
4. ELIGIBILITY FOR BIDDERS:

(a) At the time of submission of the Bid the bidder should have valid registration with the
Government of Madhya Pradesh, PWD in appropriate class. However, such bidders who
are not registered with the Government of Madhya Pradesh 3and are eligible for
registration can also submit their bids after having applied for registration with
appropriate authority.

2
Section 1 – NIT
3
Section 1 – NIT

Page 6 of 190
 (b) The bidder would be required to have valid registration at the time of signing of the
Contract.

(c) Failure to sign the contract by the selected bidder, for whatsoever reason, shall result in
forfeiture of the earnest money deposit.

5. Pre-qualification – Prequalification conditions, wherever applicable, are given in the Bid

Data Sheet.

6. Special Eligibility - Special Eligibility Conditions, if any, are given in the Bid Data Sheet.

7. The Bid Document can be purchased only online from 01-04-2021 to 16-04-2021 6 PM Other
key dates may be seen in bid data sheet.

8. Amendments to NIT, if any, would be published on website only, and not in

newspaper.

Divisional Project Engineer

PWD PIU BALAGHAT

Page 7 of 190
 SECTION 2
INSTRUCTIONS TO BIDDERS (ITB)
A. GENERAL
1. SCOPE OF BID

The detailed description of work, hereinafter referred as ‘work’, is given in the Bid Data Sheet.

2. General Quality of Work:

The work shall have to be executed in accordance with the technical specifications specified
in the Bid Data sheet/ Contract Data, and shall have to meet high standards of workmanship,
safety and security of workmen and works.

3. PROCEDURE FOR PARTICIPATION IN E-TENDERING

The procedure for participation in e-tendering is given in the Bid Data Sheet.

4. ONE BID PER BIDDER

4.1 The bidder can be an individual entity or a joint venture (if permitted as per Bid Data
Sheet). In case the J.V. is permitted, the requirement of joint venture shall be as per the
Bid Data Sheet.

4.2 No bidder shall be entitled to submit more than one bid whether jointly or severally. If he
does so, all bids wherein the bidder has participated shall stand disqualified.

5. Cost of Bidding

The bidder shall bear all costs associated with the preparation and submission of his bid, and
no claim whatsoever for the same shall lie on the Government.

6. Site Visit and examination of works

The bidder is advised to visit and inspect the Site of Works and its surroundings and obtain for
itself on its own responsibility all information that may be necessary for preparing the bid and
entering into a contract for construction of the work. All costs in this respect shall have to be
borne by the bidder.

B. Bid Documents4
7. CONTENT OF BID DOCUMENTS

Page 8 of 190
 The Bid Document comprises of the following documents:

1. NIT with all amendments.5

2. Instructions to Bidders, Bid Data Sheet with all Annexures
3. Conditions of Contract:
i. Part I General Conditions of Contract and the Contract Data with all Annexures and
ii. Part II Special Conditions of Contract.
4. Specifications
5. Drawings
6. Priced Bill of Quantities
7. Technical and Financial Bid
8. Letter of Acceptance
9. Agreement, and
10. Any other document(s), as specified.
8. The bidder is expected to examine carefully all instructions, conditions of contract, the
contract data, forms, terms and specifications, bill of quantities, forms and drawings in the Bid
Document. Bidder shall be solely responsible for his failure to do so.

9. Pre-Bid Meeting (where applicable)

Wherever the Bid Data Sheet provides for pre-bid meeting:

9.1 Details of venue, date and time would be mentioned in the Bid Data Sheet. Any
change in the schedule of pre-bid meeting would be communicated on the website
only, and intimation to bidders would not be given separately.

9.2 Any prospective bidder may raise his queries and/or seek clarifications in writing
before or during the pre-bid meeting. The purpose of such meeting is to clarify issues
and answer questions on any matter that may be raised at that stage. The Employer
may, at his option, give such clarifications as are felt necessary.

9.3 Minutes of the pre-bid meeting including the list of the questions raised and the
responses given together with any response prepared after the meeting will be hosted
on the website.

9.4 Pursuant to the pre-bid meeting if the Employer deems it necessary to amend the Bid
Document, it shall be done by issuing amendment to the online NIT.

10. Amendment of Bid Documents

10.1 Before the deadline for submission of bids, the Employer may amend or modify the
Bid Documents by publication of the same on the website.
10.2 All amendments shall form part of the Bid Document.

5
Section 2 – Instruction to Bidders

Page 9 of 190
 10.3 The Employer may, at its discretion, extend the last date for submission of bids by
publication of the same on the website.
C. Preparation of Bid
11. The bidders have to prepare their bids online, encrypt their Bid Data in the Bid Forms and
submit Bid Seals (Hashes) of all the envelopes and documents related to the Bid required to be
uploaded as per the time schedule mentioned in the key dates of the Notice Inviting e-Tenders
after signing of the same by the Digital Signature of their authorized representative.

12. DOCUMENTS COMPRISING THE BID

The bid submitted online by the bidder shall be in the following parts:
Part 1 – This shall be known as Online Envelope A and would apply for all bids.Online Envelop
A shall contain the following as per details given in the Bid Data Sheet:
i) Registration number or proof of application for registration and organizational details
in format given in the Bid Data Sheet.
ii) Payment of the cost of Bid Document;
iii) Earnest Money;and
iv) An affidavit duly notarized.
Part 2 – This shall be known as Online Envelope B and required to be submitted only in works
where pre-qualification conditions and/or special eligibility conditions are stipulated in the
Bid Data Sheet. Online Envelop B shall contain a self-certified sheet duly supported by
documents to demonstrate fulfillment of pre-qualification conditions.

Part 3 – This shall be known as Online Envelope C and would apply to all bids. Envelop C shall
contain financial offer in the prescribed format enclosed with the Bid Data Sheet.
13. Language 6
The bid as well as all correspondence and documents relating to the bid exchanged by
the Bidder and the Employer shall be in English or Hindi. Supporting documents and printed
literature that are part of the Bid may be in another language provided they are accompanied by
an accurate translation of the relevant passages in English. In such case, for the purposes of
interpretation of the bid, such translation shall govern.
14. TECHNICAL PROPOSAL
14.1 Only, in case of bids with pre-qualification conditions defined in the Bid Data Sheet,
the Technical Proposal shall comprise of formats and requirements given in the Bid
Data Sheet.

14.2 All the documents/ information enclosed with the Technical Proposal should be self-
attested and certified by the bidder. The Bidder shall be liable for forfeiture of his
earnest money deposit, if any document / information are found false/ fake/ untrue
before acceptance of bid. If it is found after acceptance of the bid, the bid sanctioning

6
Section 2 – Instruction to Bidders

Page 10 of 190
 authority may at his discretion forfeit his performance security/ guarantee, security
deposit, enlistment deposit and take any other suitable action.

15. FINANCIAL BID

i. The bidder shall have to quote ratesin format referred in Bid Data Sheet, in overall
percentage, and not item wise. If the bid is in absolute amount, overall percentage
would be arrived at in relation to the probable amount of contract given in NIT. The
overall percentage rate would apply for all items of work.
ii. Percentage shall be quoted in figures as well as in words. If any difference in figures and
words is found, lower of the two shall be taken as valid and correct.
iii. The bidder shall have to quote rates inclusive of all duties, taxes, royalties and other
levies; and the Employer shall not be liable for the same.
iv. The material along with the units and rates, which shall be issued, if any, by the
department to the contractor, is mentioned in the Bid Data Sheet.
16. PERIOD OF VALIDITY OF BIDS

The bids shall remain valid for a period specified in the Bid Data Sheet after the date of “close
for biding” as prescribed by the Employer. The validity of the bid can be extended by mutual
consent in writing.
17. EARNEST MONEY DEPOSIT (EMD)7

17.1 The Bidder shall furnish, as part of the Bid, Earnest Money Deposit (EMD), in the
amount specified in the Bid Data Sheet.
17.2 The EMD shall be in the form of Fixed Deposit Receipt of a scheduled commercial
bank, issued in favour of the name given in the Bid Data Sheet. The Fixed Deposit
Receipt shall be valid for six months or more after the last date of receipt of bids.
However, other form(s) of EMD may be allowed by the Employer by mentioning it in
the Bid Data Sheet.
17.3 Bid not accompanied by EMD shall be liable for rejection as non-responsive.
17.4 EMD of bidders whose bids are not accepted will be returned within ten working days
of the decision on the bid.
17.5 EMD of the successful Bidder will be discharged when the Bidder has signed the
Agreement after furnishing the required Performance Security.
17.6 Failure to sign the contract by the selected bidder, within the specified period, for
whatsoever reason, shall result in forfeiture of the earnest money deposit.
D. Submission of Bid
18. The bidder is required to submit online bid duly signed digitally, and Envelop ‘A’ in physical
form also at the place prescribed in the Bid Data Sheet.

E. Opening and Evaluation of Bid8

7
Section 2 – Instruction to Bidders
8
Section 2 – Instruction to Bidders

Page 11 of 190
19 PROCEDURE

19.1 Envelope ‘A’ shall be opened first online at the time and date notifiedand its contents
shall be checked. In cases where Envelop ‘A’ does not contain all requisite documents,
such bid shall be treated as non-responsive, and Envelop B and/or C of such bid shall
not be opened.

19.2 Wherever Envelop ‘B’ (Technical Bid) is required to be submitted, the same shall be
opened online at the time and date notified.The bidder shall have freedom to witness
opening of the Envelop ‘B’. Envelop ‘C’ (Financial Bid) of bidders who are not qualified
in Technical Bid (Envelop ‘B’) shall not be opened.

19.3 Envelope ‘C’ (Financial Bid) shall be opened online at the time and date notified. The
bidder shall have freedom to witness opening of the Envelop ‘C’.

19.4 After opening Envelop ‘C’ all responsive bids shall be compared to determine the
lowest evaluated bid.
19.5 The Employer reserves the right to accept or reject any bid, and to annul the bidding
process and reject all the bids at any time prior to contract award, without incurring
any liability. In all such cases reasons shall be recorded.

19.6 The Employer reserves the right of accepting the bid for the whole work or for a
distinct part of it.

20. Confidentiality

20.1 Information relating to examination, evaluation, comparison and recommendation of

contract award shall not be disclosed to bidders or any other person not officially
concerned with such process until final decision on the bid.

20.2 Any attempt by a bidder to influence the Employer in the evaluation of the bids or
contract award decisions may result in the rejection of his bid.

F. Award of Contract9
21. Award of Contract

The Employer shall notify the successful bidder by issuing a ‘Letter of Acceptance’ (LOA) that
his bid has been accepted.

22. Performance Security

9
Section 2 – Instruction to Bidders

Page 12 of 190
 22.1 Prior to signing of the Contract the bidder to whom LOA has been issued shall haveto
furnish performance security of the amount in the form and for the duration, etc.
as specified in the Bid Data Sheet.
22.2 Additional performance security, if applicable, is mentioned in the Bid Data Sheet and
shall be in the form and for the duration, etc. similar to Performance Security.

23. Signing of Contract Agreement

23.1 The successful bidder shall have to furnish Performance Security and Additional
Performance Security, if any, and sign the contract agreement within 15 days of issue
of LOA.

23.2 The signing of contract agreement shall be reckoned as intimation to commencement

of work. No separate work order shall be issued by the Employer to the contractor for
commencement of work.

23.3 In the event of failure of the successful bidder to submit Performance Security and
Additional Performance Security, if anyor sign the Contract Agreement, his EMD shall
stand forfeited without prejudice to theright of the employer for taking any other
action against the bidder.

24. CORRUPT PRACTICES

The Employer requires that bidders observe the highest standard of ethics during the
procurement and execution of contracts. In pursuance of this policy, the Employer:

i. may reject the bid for award if it determines that the bidder recommended for award
has, directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for the Contract; and

ii. may debar the bidder declaring ineligible, either indefinitely or for a stated period of
time, to participate in bids, if it at any time determines that the bidder has, directly or
through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for, or in executing, a contract.

For the purposes of this provision, the terms set forth above are defined as follows:

a. “Corrupt practice” means the offering, giving, receiving, or soliciting, directly or

indirectly, anything of value to influence improperly the actions of another party;

b. “Fraudulent practice” means any act or omission, including a misrepresentation,

that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation;

Page 13 of 190
 c. “Coercive practice” means impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperly
the actions of a party;

d. “Collusive practice” means an arrangement between two or more parties designed

to achieve an improper purpose, including influencing improperly the actions of
another party.

[End of ITB]10

10
Section 2 – Instruction to Bidders

Page 14 of 190
 Bid Data Sheet
GENERAL
SR. No. PARTICULARS DATA
1 Office inviting tender PDPIUBhopal
2 NIT No 06/2021/Centralised Tender/G/APD
3 Date of NIT 26-03-2021
4 Bid document download available 01-04-2021 9 AM to 16-04-2021- 6 PM
from date & time
5 Website link http:// www.mptender.gov.in
SECTION 1 - NIT
CLAUSE PARTICULARS DATA
REFERENCE
2 Portal fees (Also known as As notified in E-tendering Website
Processing free)
3 Cost of bid document Rs 5000.00
Cost of bid document Payable at Online
Cost of bid document In favour of Divisional Project Engineer
PWD PIU BALAGHAT

4 Affidavit format As per ‘Annexure-B’

5 Pre-qualifications required No (As cost > Rs. 100.00 lacs)
Required as below:
In case of building works costing more
than Rs. One hundred lacs
If Yes, details Annexure- (“C”) As per Annexur-I with
special Condition dated 10-12-2015
(Evaluation of Additional Project
Director who will intimate reasons to
disqualified bidders)
6 Special Eligibility YES No
If Yes, details Annexure D
7 Key dates Annexure A
SECTION 2 - ITB11
CLAUSE
PARTICULARS DATA
REFERENCE
1 Name of work CONSTRUCTION OF AYUSH
AUSHDHALAYA BUILDING AT-
PARASWADA, DISTT- BALAGHAT
(1ST Call)

2 Specifications As per Annexure – “E”

In addition at as below:
(a) In case of Road and Bridge
works:

11
Section 2 – Bid Data Sheet

Page 15 of 190
 Bid Data Sheet
‘SPECIFICATION FOR ROAD AND BRIDGE
WORK (FIFTH REVISION) BY MORTH
(B) In case of Building works:
SPECIFICATION FOR BUILDING WORKS
BY C PWD
Specifications as applicable in MP.
© Stipulation by SOR (Civil & Electrical)
in force from 01.08.2014 ammended
upto date of issue of NIT.
3 Procedure for participation in e- As per Annexure – “F”
tendering
4 Whether Joint Venture is allowed Not Allowed ---------------
In case of Prefeb and Special Building
works costing more than Rs. Two Cr. (in
case of special Building works prior
permission for E-in-C required)
If yes, requirement for Joint Venture As per Annexure – “G”
CLAUSE
PARTICULARS DATA
REFERENCE
Envelope-A containing :
i. Organizational details as per
Annexure H
ii. Cost of Bid Document ----Online----
12 iii. EMD
iv. An affidavit (as per annexure-B)
duly notarizedshould reach in
physical form in the office of the:-

14 Envelope-B Technical Proposal As per Annexure – “I” from

(Format I-1 to I-5) ----Online----
Envelope-C Financial Bid As per Annexure –“J” ----Online----
15 Materials to be issued by the As per Annexure – “K” ----Online----
department
16 Period of Validity of Bid 120 Days
Earnest Money Deposit 50000.00
Forms of Earnest Money Deposit i. FDR/ e-FDR
ii. Demand draft of scheduled
commercial bank.
17 iii. Interest bearing securities of post
office.
EMD valid for a period of Six months or more
FDR must be drawn in favour of Divisional Project Engineer PWD PIU-
Balaghat
21 Letter of Acceptance (LOA) As per Annexure-“L”
22 Amount of Performance Security 10% of contract amount for Road and

Page 16 of 190
 Bid Data Sheet
Bridge works.
5 % of the contract Amount of building
works.
Additional Performance Security, if Equal to amount arrived at, by
multiplying the contract amount with
any
difference of percentage between
percent rates (below/minus) of
successful bid and ten percent
(below/minus), considering bid rates
less than ten percent below PAC, to be
unworkable and shall require additional
performance security (guarantee).
Performance security in the format As per Annexure-“M”
Performance security in favour of Divisional Project Engineer
PWD PIU BALAGHAT
Performance security valid up to12 As Provided in the Contract Data

* As per special condition issue by P.D. Letter No. F-6-11/2015/

12
Section 2 – Bid Data Sheet

Page 17 of 190
Annexure – A
(See clause 1, 7 of Section 1 -NIT )

KEY DATES Three Stage

Sr. Work Department Stage Start Expiry
No. Date Time Date Time

1 Publishing Date 30-03-2021 9 AM _ _

2 Document Download/Sale 01-04-2021 9 AM _ _

Start date

3 Seek Clarification Start _ _ _ _

Date
4 Seek Clarification End _ _ _ _
Date
5 Pre Bid Meeting Date Application for PAC More Than 50 Cr.
6 Bid Submission Start Date 01-04-2021 9 AM _ _

7 Bid Submission Closing _ _ 16-04-2021 6 PM

Date
9 Bid Open Date 19-04-2021 10:30
AM
Original term deposit receipt of earnest money deposit, demand draft for the cost of bid
document and affidavit shall be submitted by the bidder so as to reach the office as prescribed
in Bid Data Sheet, at least one calendar day before specified start time and date in key dates
for opening of technical proposal as per Key dates in Bid Data Sheet.
Annexure-B

(see clause 3 of section 1 NIT)

// AFFIDAVID //
(To be contained in Enviope A)
(On Non judicial stamp of Rs 50/-)
I/We------------------------------------------------------- who is/are-------------------- (status in the form/company)
and competent for submission of the affidavit on behalf of M/S--------------------- (contractor)do solemnly affirm an
oath and State

that:
I/we am/are fully satisfied for the correctness of the certificates/ records submitted in support of
the following information in bid documents which are being submitted in response to notice inviting e-
tender No------------------------- for --------------- (name of work) dated------------- issued by the--------------
(name of the department).

Page 18 of 190
 I/we am are fully responsible for the correctness of following self-certified information/documents
and certificates:

1. That the self-certified information given in the bid document is fully true

and authentic.

2. That:

a-Term deposit receipt deposited as earnest money, demand draft for cost of bid document and other
relevant documents provided by the Bank are authentic. b-Information regarding financial qualification
and annual turnover is

COITECİ.c-Information regarding various technical qualification is correct. 3. No close relative of

the undersigned and our firm/company is working with

the department. OR

Following close relatives are working in the department: Name------------- Post----------------- Present
Posting------------------

Signature with seal ofthe Deponent(bidder) I/We, -----------------------

above deponent do hereby certify that the facts mentioned in above paras 1 to 3 are correct to the
best of my knowledge and belief.

Verified today------------- (dated)at------------ (place).

Signature with seal ofthe Deponent(bidder)

Note- Affidavit duly notarized in origional shall reach atleast one callender daybefore opening of the
bid.

(Section 2-Annexure-B)

Annexure – C
(See clause 5 of Section 1 -NIT )
PRE-QUALIFICATIONS CRITERIA

The bidder should have:

A. Financial

i. experience of having successfully executed:

a) three similar works, each costing not less than the amount equal to 20% of the
probable amount of contract during the last 3 financial years; or
b) two similar works, each costing not less than the amount equal to 30% of the probable
amount of contract during the last 3 financial years; or

Page 19 of 190
 c) one similar work of aggregate cost not less than the amount equal to 50% of the
probable amount of contract in any one financial year during the last 3 financial years.

ii. Average annual construction turnover on the construction works not less than 50% of the
probable amount of contract during the last 3 financial years.

iii. Executed similar items of work in any one financial year during the last 3 financial years,
which should not be less than the minimum, physical requirement, if any, fixed for the
work.

iv. Bid Capacity – Bidder shall be allotted work up to his available Bid Capacity, which shall be
worked out as given in format I-2 of Annexure I.

B. Physical

Physical qualifications for the work shall be as below

Sno Particulars Quantity Period

1 Physical qualification required Yes/ No

2 Earthwork

3 Concrete work (Ready mix Concrete )

(The Employer shall specify all physical qualifications required).

Note: Above criteria are indicative, subject to suitable stipulations by the

departments and specific Bid.13

Annexure – D

13
Section 2 –Annexure - C

Page 20 of 190
 (See clause 6 of Section 1-NIT)

SPECIAL ELIGIBILITY CRITERIA

The bidder should have experience of:

A. Erection of Steel Gates ……………..

B. Construction of tunnel ……………..

Note: Above criteria are indicative, subject to suitable stipulations by the departments and
specific bid.

ANNEXURE - E
(See clause 2 of Section 2 –ITB &

Page 21 of 190
 Clause 10 of GCC)
Specifications

1. C PWD Specifications as applicable in MP.

2. ………………………………………………

3. ………………………………………………

(The soft copy of above specifications is available at departmental website

www.mppwd.gov.in)

The provisions of general / special conditions of contract, those specified

elsewhere in the bid document, as well as execution drawings and notes, or
other specifications issued in writing by the Employer shall form part of the
technical specifications of this work.14

14
Section 2 –Annexure - E

Page 22 of 190
 Annexure -F
(See clause 3of section 2-ITB)

Procedure for Participation in e-Tendering

1. Registration of Bidders on e-Tendering System:

All the PWD registered bidders are already registered on the new e-procurement
portal https://www.mpeproc.gov.in. The user id will be the contractor ID provided to
them from MP Online. The password for the new portal has been sent to the bidders
registered email ID. for more details may contact M/s. _Tata Consultancy Services
Corporate Block, 5th floor, DB City BHOPAL-462011 email id:
eproc_helpdesk@mpsdc.gov.in.Helpdesk phone numbers are available on website.

2. Digital Certificate:
The bids submitted online should be signed electronically with a Class III Digital
Certificate to establish the identity of the bidder submitting the bid online. The bidders
may obtain Class III Digital Certificate issued by an approved Certifying Authority
authorized by the Controller of Certifying Authorities, Government of India. A Class III
Digital Certificate is issued upon receipt of mandatory identity proofs along with an
application. Only upon the receipt of the required documents, a Digital Certificate can
be issued. For details please visit cca.gov.in.

Note:
i. It may take upto 7 working days for issuance of Class III Digital Certificate;
hence the bidders are advised to obtain the certificate at the earliest. Those
bidders who already have valid Class III Digital Certificate need not obtain
another Digital Certificate for the same.
The bidders may obtain more information and the Application From required to
be submitted for the issuance of Digital Certificate from cca.gov.in
ii. Bids can be submitted till bid submission end date. Bidder will require digital
signature while bid submission.15
`
The digital certificate issued to the Authorized User of a Partnership firm / Private
Limited Company / Public Limited Company and used for online biding will be
considered as equivalent to a no-objection certificate / power of attorney to that user.

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 In case of Partnership firm, majority of the partners have to authorize a specific
individual through Authority Letter signed by majority of the partners of the firm.
in case of Private Limited Company, Public Limited Company, the Managing Director
has to authorize a specific individual through Authority Letter. Unless the certificate is
revoked, it will be assumed to represent adequate authority of the specific individual to
bid on behalf of the organization for online bids as per information Technology Act
2000. This Authorized User will be required to obtain a Digital Certificate. The Digital
Signature executed through the use of Digital Certificate of this Authorized User will be
binding on the firm. It shall be the responsibility of Management / Partners of the
concerned firm to inform the Certifying Authority, if the Authorized User changes, and
apply for a fresh Digital Certificate for the new Authorized User.

3. Set Up of Bidder’s Computer System:

In order for a bidder to operate on the e-tendering System, the Computer System of
the bidder is required to be set up for Operating System, Internet Connectivity,
Utilities, Fonts, etc. The details are available at https://www.mpeproc.gov.in

4. Key Dates:
The bidders are strictly advised to follow the time schedule (Key Dates) of the bid on
their side for tasks and responsibilities to participate in the bid, as all the stages of
each bid are locked before the start time and date and after the end time and date for
the relevant stage of the bid as set by the Department.16

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5. Preparation and Submission of Bids

The bidders have to prepare their bids online, encrypt their bid Data in the Bid forms
and submit Bid of all the envelopes and documents related to the Bid required to be
uploaded as per the time schedule mentioned in the key dates of the Notice inviting e-
Tenders after signing of the same by the Digital Signature of their authorized
representative.

5. Purchase of Bid Document

For purchasing of the bid document bidders have to pay Service Charge online ONLY
which is Rs. [as per Bid Date Sheet]. Cost of bid document is separately mentioned in
the Detailed NIT. The Bid Document shall be available for purchase to concerned
eligible bidders immediately after online release of the bids and upto scheduled time
and date as set in the key dates.
The payment for the cost of bid document shall be made online through Debit/Credit
card , Net banking or NeFT Challan through the payment gateway provided on the
portal.

7 Withdrawal, Substitution and Modification Of Bids

Bidder can withdraw and modify the bid till Bid submission end date.17

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 Annexure – G
(See clause 4 of Section 2 -ITB)

JOINT VENTURE (J.V.)18

If J.V. is allowed following conditions and requirements must be fulfilled –
1. Bids submitted by a joint venture of two or more firms as partners shall comply with the following
requirements :
a. one of the partners shall be nominated as being Lead Partner, and this authorization shall be
evidenced by submitting a power of attorney signed by legally authorized signatories of all the
partners;
b. the bid and, in case of a successful bid, the Agreement, shall be signed so as to be legally binding on
all partners;
c. the partner in charge shall be authorized to incur liabilities and receive instructions for and on behalf
of any and all partners of the joint venture and the entire execution of the contract, including
payment, shall be done exclusively with the partner in charge;
d. all partners of the joint venture shall be liable jointly and severally for the execution of the contract in
accordance with the contract terms, and a statement to this effect shall be included in the
authorization mentioned under [c] above, as well as in the bid and in the Agreement [in case of a
successful bid];
e. The joint venture agreement should indicate precisely the role of all members of JV in respect of
planning, design, construction equipment, key personnel, work execution, and financing of the
project. All members of JV should have active participation in execution during the currency of the
contract. This should not be varied/modified subsequently without prior approval of the employer;
f. The joint venture agreement should be registered, so as to be legally valid and binding on all partners;
and
g. a copy of the Joint Venture Agreement entered into by the partners shall be submitted with the bid.
2. The figures for each of the partners of a joint venture shall be added together to determine the
Bidder’s compliance with the minimum qualifying criteria required for the bid. All the partners
collectively must meet the criteria specified in full. Failure to comply with this requirement will result
in rejection of the joint venture’s bid.
3. The performance security of a Joint Venture shall be in the name of the partner Lead Partner/joint
venture.
4. Attach the power of attorney of the partners authorizing the Bid signatory(ies) on behalf of the joint
venture
5. Attach the agreement among all partners of the joint venture [and which is legally binding on all
partners], which shows the requirements as indicated in the Instructions to Bidders’.
6. Furnish details of participation proposed in the joint venture as below:
DETAILS OF PARTICIPATION IN THE JOINT VENTURE
PARTICIPATION DETAILS FIRM ‘A’ (Lead Partner) FIRM ‘B’ FIRM ‘C’
Financial
Name of the Banker(s)
Planning
Construction Equipment
Key Personnel
Execution of Work
(Give details on contribution of each)

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 Annexure -H
(See clause 12 of Section 2 –ITB& clause 4 of GCC)
ORGANIZATIONAL DETAILS
(To be Contained in Envelope - A)
S.
Particulars Details
No.
Registration number issued by Centralized (If applicable, scanned copy of proof of
1. Registration System of Govt. of M.P. or Proof of
application for registration. application for registration to be uploaded)
Registration No. _________ Date______
2. Valid Registration of bidder in appropriate class
(Scanned copy of Registration to be
through Centralized Registration of Govt. of MP
uploaded)
Name of Organization/ Individual/ Proprietary
3.
Firm/ PartnershipFirm
Entity of Organization
Individual/ Proprietary Firm/ Partnership Firm
4. (Registered under Partnership Act)/ Limited
Company (Registered under the Companies
Act–1956)/ Corporation/ Joint Venture
5. Address of Communication
6. Telephone Number with STD Code
7. Fax Number with STD Code
8. Mobile Number
9. E-mail Address for all communications
Details of Authorized Representative
10. Name
11. Designation
12. Postal Address
13. Telephone Number with STD Code
14. Fax Number with STD Code
15. Mobile Number
16. E-mail Address

Note: In case of partnership firm and limited company certified copy of partnership deed/ Articles of
Association and Memorandum of Association along with registration certificate of the
company shall have to be enclosed.19
Signature of Bidder with Seal
Date: _____________

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 Annexure – I
(See clause 14 of Section 2 -ITB)

Envelope – B, Technical Proposal

Technical Proposal shall comprise the following documents:

Sno Particulars Details to be submitted

1 Experience – Financial & Physical Annexure - I (Format: I-1)

2 Annual Turnover Annexure - I(Format: I-2)

List of technical personnel for the key

3 Annexure - I(Format: I-3)
positions

List of Key equipments/ machines for

4 Annexure - I(Format: I-4)
quality control labs

List of Key equipments/ machines for

5 Annexure - I(Format: I-5)
construction work

Note:
1. Technical Proposal should be uploaded duly page numbered and indexed.
2. Technical Proposal uploaded otherwise will not be considered.

20

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Page 30 of 190
Page 31 of 190
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Page 33 of 190
 Annexure – J
(See clause 14 of Section 2 -ITB)
FINANCIAL BID
(To Be Contained in Envelope-C)
NAME OF WORK :-

I/We hereby bid for the execution of the above work within the time specified at the rate (in
figures) _______ (in words) _______________________ percent below/ above or at par based on
the Bill of Quantities and item wise rates given therein in all respects and in accordance with the
specifications, designs, drawings and instructions in writing in all respects in accordance with such
conditions so far as applicable. I/We have visited the site of work and am/ are fully aware of all the
difficulties and conditions likely to affect carrying out the work. I/We have fully acquainted
myself/ourselves about the conditions in regard to accessibility of site and quarries/kilns, nature and
the extent of ground, working conditions including stacking of materials, installation of tools and
plant conditions effecting accommodation and movement of labour etc. required for the satisfactory
execution of contract.
Should this bid be accepted, I/We hereby agree to abide by and fulfill all the terms and
provisions of the said conditions of contract annexed hereto so far as applicable, or in default thereof
to forfeit and pay to the Governor of Madhya Pradesh or his successors in office the sums of money
mentioned in the said conditions.
Note:
i. Only one rate of percentage above or below or at par based on the Bill of Quantities and item
wise rates given therein shall be quoted.
ii. Percentage shall be quoted in figures as well as in words. If any difference in figures and words
is found lower of the two shall be taken as valid and correct rate. If the bidder is not ready to
accept such valid and correct rate and declines to furnish performance security and sign the
agreement his earnest money deposit shall be forfeited.
iii. In case the percentage "above" or "below" is not given by a bidder, his bid shall be treated as
non-responsive.
iv. All duties, taxes, and other levies payable by the bidder shall be included in the percentage
quoted by the bidder.
Signature of Bidder
Name of Bidder
The above bid is hereby accepted by me on behalf of the Governor of Madhya Pradesh dated
the _________ day of __________ 20__

____________
21
Signature of Officer by whom accepted

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 Annexure – K
(See clause 15 of Section 2 -ITB)

MATERIALS TO BE ISSUED BY THE DEPARTMENT22

S. No Name of material Rate (Issue rate) Unit Remarks

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 Annexure – L
(See clause 21 of Section 2 -ITB)

LETTER OF ACCEPTANCE (LOA)

No. _______________ Dated: ___________
To,
M/s. ___________________________
(Name and address of the contractor)
Subject: _________________________________
(Name of the work as appearing in the bid for the work)

Dear Sir (s),

Your bid for the work mentioned above has been accepted on behalf of the Governor of
Madhya Pradesh at your bided percentage _____ below/ above or at par the Bill of Quantities and item
wise rates given therein.
You are requested to submit within 15 (Fifteen) days from the date of issue of this letter:
a. The performance security/ performance guarantee of Rs. __________ (in figures) (Rupees
____________________________________________ in words only). The performance
security shall be in the shape of term deposit receipt/ bank guarantee of any nationalized /
schedule commercial bank valid up to three months after the expiry of defects liability
period.
b. Sign the contract agreement.
Please note that the time allowed for carrying out the work as entered in the bid is
__________ months including/ excluding rainy season, shall be reckoned from the date of signing the
contract agreement.

Signing the contract agreement shall be reckoned as intimation to commencement of work

and no separate letter for commencement of work is required. Therefore, after signing of the
agreement, you are directed to contact the Engineer-in-charge for taking the possession of site and
necessary instructions to start the work.
Yours Faithfully

Divisional Project Engineer

PWD PIU BALAGHAT

Page 36 of 190
 Annexure – M
(See clause 22 of Section 2 -ITB)
PERFORMANCE SECURITY
To
_____________________[name of Employer]
_____________________
_____________________[address of Employer]
_____________________

WHEREAS ________________________[name and address of Contractor]

(Hereinafter called "the Contractor") has undertaken, in pursuance of Letter of Acceptance No.__________
dated ____________ to execute _____________[name of Contract and brief description of Works]
(hereinafter called "the Contract").
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you
with a Bank Guarantee by a recognized bank for the sum specified therein as security for compliance with his
obligation in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you on behalf of the
Contractor, up to a total of ___________ [amount of guarantee]* ___________ ___(in words), such sum being
payable in the types and proportions of currencies in which the Contract Price is payable, and we undertake to
pay you, upon your first written demand and without cavil or argument, any sum or sums within the limits of
_________________[amount of guarantee] as aforesaid without your needing to prove or to show grounds or
reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract of the Works to be performed there under or of any of the Contract documents which may be made
between you and the Contractor shall in any way release us from any liability under this guarantee, and we
hereby waive notice of any such change, addition or modification.
This guarantee shall be valid until 3 (three) months from the date of expiry of the Defect
Liability Period.

Signature, Name and Seal of the guarantor __________________________________________

Name of Bank ________________________________________________________________
Address __________________________________________________________________
Phone No., Fax No., E-mail Address, of Signing Authority ________________________________
Date _______________________________________________________________________

* An amount shall be inserted by the Guarantor, representing the percentage the Contract Price
specified in the Contract including additional security for unbalanced Bids, if any and denominated in
Indian Rupees. 23

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 SECTION 324
Conditions of Contract
Part – I General Conditions of Contract [GCC]
Table of Clauses of GCC
Clause Clause
No Particulars No Particulars
A. General 21 Payments for Variations and / or Extra
Quantities
1 Definitions 22 No compensation for alterations in or restriction
of work to be carried out.
2 Interpretations and Documents 23 No Interest Payable
3 Language and Law 24 Recovery from Contractors
4 Communications 25 Tax
5 Subcontracting 26 Check Measurements
6 Personnel 27 Termination by Engineer in Charge
7 Force Majeure 28 Payment upon Termination
8 Contractor's Risks 29 Performance Security
9 Liability For Accidents To Person 30 Security Deposit
10 Contractor to Construct the Works 31 Price Adjustment
11 Discoveries 32 Mobilization and Construction Machinery
Advance
12 Dispute Resolution System 33 Secured Advance
B. Time Control 34 Payments Certificates
13 Programme E. Finishing the Contract
14 Extension of Time 35 Completion Certificate
15 Compensation for Delay 36 Final Account
16 Contractor’s quoted percentage F. Other Conditions of Contract
C. Quality Control 37 Currencies
17 Tests 38 Labour
18 Correction of Defects noticed 39 Compliance with Labour Regulations
during the DefectLiability Period
D. Cost Control 40 Audit and Technical Examination
19 Variations - Change in original 41 Death or Permanent Invalidity of Contractor
Specifications, Designs, Drawings
etc.
20 Extra Items 42 Jurisdiction

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 A. General
1. DEFINITIONS
1.1. Bill of Quantities: means the priced and completed Bill of Quantities forming part of the Bid.
1.2. Chief Engineer: means Chief Engineer of the zone/ basin concerned.
1.3. Completion: means completion of the work as certified by the Engineer-in-Charge, in
accordance with provisions of agreement.
1.4. Contract: means the Contract between the Employer and the Contractor to execute,
complete and/or maintain the work. Agreement is synonym of Contract and carries the same
meaning wherever used.
1.5. Contract Data: means the documents and other information which comprise of the Contract.
1.6. Contractor: means a person or legal entity whose bid to carry out the work has been
accepted by the Employer.
1.7. Contractor's bid: means the completed bid document submitted by the Contractor to the
Employer.
1.8. Contract amount: means the amount of contract worked out on the basis of accepted bid.
1.9. Completion of work: means completion of the entire contracted work. Exhaustion of quantity
of any particular item mentioned in the bid document shall not imply completion of work or
any component thereof.
1.10. Day: means the calendar day.
1.11. Defect: means any part of the work not completed in accordance with the specifications
included in the contract.
1.12. Department: means Department of the State Government viz. Water Resources Department,
Public Works Department, Public Health Engineering Department, Rural Engineering Service
and any other organisation which adopts this document.
1.13. Drawings: means drawings including calculations and other information provided or approved
by the Engineer-in-Charge.
1.14. Employer: means the party as defined in the Contract Data, who employs the Contractor to
carry out the work. The Employer may delegate any or all functions to a person or body
nominated by him for specified functions. The word Employer / Government / Department
wherever used denote the Employer.
1.15. Engineer: means the person named in the Contract Data.

1.16. Engineer in charge: means the person named in the Contract Data.

1.17. Equipment: means the Contractor's machinery and vehicles brought temporarily to the Site
for execution of work.
1.18. Government: means Government of Madhya Pradesh.
1.19. In Writing: means communicated in written form and delivered against receipt.
1.20. Material: means all supplies, including consumables, used by the Contractor for incorporation
in the work.25
1.21. Superintending Engineer: means Superintending Engineer-in-Charge of the Circle concerned.
1.22. Stipulated period of completion: means the period in which the Contractor is required to
complete the work. The stipulated period is specified in the Contract Data.

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1.23. Specification: means the specification of the work included in the Contract and any
modification or addition made or approved by the Engineer-in-Charge.
1.24. Start Date: means the date of signing of agreement for the work.
1.25. Sub-Contractor: means a person or corporate body who has a Contract with the Contractor,
duly authorised to carry out a part of the construction work under the Contract.
1.26. Temporary Work: means work designed, constructed, installed, and removed by the
Contractor that are needed for construction or installation of the work.
1.27. Tender/Bid, Tenderer/Bidder: are the synonyms and carry the same meaning where ever
used.
1.28. Variation: means any change in the work which is instructed or approved as variation under
this contract.
1.29. Work: The expression "work" or "works" where used in these conditions shall unless there be
something either in the subject or context repugnant to such construction, be construed and
taken to mean the work by virtue of contract, contracted to be executed, whether temporary
or permanent and whether original, altered, substituted or additional.
2. INTERPRETATIONS AND DOCUMENTS
2.1 Interpretations
In the contract, except where the context requires otherwise:
a. words indicating one gender include all genders;
b. Words indicating the singular also include the plural and vice versa.
c. provisions including the word “agree”, “agreed” or “agreement” require the
agreement to be recorded in writing;
d. written” or “in writing” means hand-written, type-written, printed or electronically
made, and resulting in a permanent record;
2.2 Documents Forming Part of Contract:
1. NIT with all amendments.
2. Instructions to Bidders (ITB, Bid Data Sheet with all Annexures)
3. Conditions of Contract:
i. Part I General Conditions of Contract and the Contract Data;
withall Annexures
ii. Part II Special Conditions of Contract.
4. Specifications
5. Drawings
6. Bill of Quantities
7. Technical and Financial Bid
8. Agreement, and
9. Any other document(s), as specified.26
3. Language and Law
The language of the Contract and the law governing the Contract are stated in the Contract
Data.

4. Communications
All certificates, notice or instruction to be given to the Contractor by Employer/Engineer shall
be sent to the address or contact details given by the Contractor in [Annexure H of ITB]. The
address and contact details for communication with the Employer/Engineer shall be as per

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 the details given in the Contract Data. Communication between parties that are referred to in
the conditions shall be in writing. The notice sent by facsimile (fax) or other electronic means
(email) shall also be effective on confirmation of the transmission. The notice sent by
registered post or speed post shall be effective on delivery or at the expiry of the normal
delivery period as undertaken by the postal service. In case of any change in address for
communication, the same shall be immediately notified to Engineer-in-Charge.

5. Subcontracting
Subcontracting shall be permitted for contracts of value more than amount specified in the
Contract Data with following conditions.
a. The Contractor may subcontract up to 25 percent of the contract price with the approval
of the Employer in writing, but will not assign the Contract. Subcontracting shall not alter
the Contractor's obligations.
b. Following shall not form part of subcontracting:
i. Hiring of labour through a labour contractor.
ii. The purchase of Materials to be incorporated in the works.
iii. Hiring of plant & machinery
c. The sub-contractor will have to be registered in the appropriate category in the
centralised registration system for contractors of the GoMP.

6. Personnel
6.1 The Contractor shall employ for the construction work and routine maintenance the
technical personnel as provided in the Annexure I-3 of Bid Data Sheet, if applicable. If the
Contractor fails to deploy required number of technical staff, recovery as specified in the
Contract Data will be made from the Contractor.
6.2 If the Engineer asks the Contractor to remove a person who is a member of the
Contractor's staff or work force, stating the reasons, the Contractor shall ensure that the
person leaves the Site within three days and has no further connection with the Works in
the Contract.27

7. Force Majeure

7.1The term “Force Majeure” means an exceptional event or circumstance:

(a) Which is beyond a Party’s control,
(b) Which such Party could not reasonably have provided against before entering into the
Contract,
(c) Which, having arisen, such Party could not reasonably have avoided or overcome, and
(d) Which is not substantially attributable to the other Party.
Force Majeure may include, but is not limited to, exceptional events or circumstances of
the kind listed below, so long as conditions (a) to (d) above are satisfied:
(i) War, hostilities (whether war be declared or not), invasion, act of foreign enemies,
(ii) Rebellion, terrorism, sabotage by persons other than the Contractor’s Personnel,
revolution, insurrection, military or usurped power, or civil war,
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 (iii) Riot, commotion, disorder, strike or lockout by persons other than the Contractor’s
Personnel,
(iv) Munitions of war, explosive materials, ionising radiation or contamination by radio-
activity, except as may be attributable to the Contractor’s use of such munitions,
explosives, radiation or radio-activity, and
(v) Natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity.
7.2. In the event of either party being rendered unable by force majeure to perform any duty or
discharge any responsibility arising out of the contract, the relative obligation of the party
affected by such force majeure shall upon notification to the other party be suspended for
the period during which force majeure event lasts. The cost and loss sustained by either
party shall be borne by respective parties.
7.3 For the period of extension granted to the Contractor due to Force Majeure the price
adjustment clause shall apply but the penalty clause shall not apply. It is clarified that this
sub clause shall not give eligibility for price adjustment to contracts which are otherwise not
subject to the benefit of price adjustment clause.
7.4 The time for performance of the relative obligation suspended by the force majeure shall
stand extended by the period for which such cause lasts. Should the delay caused by force
majeure exceed twelve months, the parties to the contract shall be at liberty to foreclose
the contract after holding mutual discussions.28

8. Contractor's Risks
8.1 All risks of loss or damage to physical property and of personal injury and death which arise
during and in consequence of the performance of the Contract are the responsibility of the
Contractor.
8.2 All risks and consequences arising from the inaccuracies or falseness of the documents,
drawing, designs, other documents and/or information submitted by the contractor shall be
the responsibility of the Contractor alone, notwithstanding the fact that the designs/
drawings or other documents have been approved by the department.

9. Liability for Accidents to Person

The contractor shall be deemed to have indemnified and saved harmless the Government
against all action, suits, claims, demands, costs etc. arising in connection with injuries suffered
by any persons employed by the contractor or his subcontractor for the works whether under
the General law or under workman's compensation Act, or any other statute in force at the
time of dealing with the question of the liability of employees for the injuries suffered by
employees and to have taken steps properly to ensure against any claim there under.

10. Contractor to Construct the Works

10.1 The Contractor shall construct, install and maintain the Works in accordance with the
Specifications and Drawings as specified in the Contract Data.

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 10.2 In the case of any class of work for which there is no such specification as is mentioned in
Contract Data, such work shall be carried out in accordance with the instructions and
requirement of the Engineer-in-charge.
10.3 The contractor shall supply and take upon himself the entire responsibility of the
sufficiency of the scaffolding, timbering, machinery, tools and implements, and generally
of all means used for the fulfilment of this contract whether such means may or may not
be approved or recommended by the Engineer.

11. Discoveries
Anything of historical or other interest or of significant value unexpectedly discovered on the
Site shall be the property of the Employer. The Contractor shall notify the Engineer of such
discoveries and carry out the Engineer's instructions for dealing with them.

12. Dispute Resolution System

12.1 No dispute can be raised except before the Competent Authority as defined in Contract
Data in writing giving full description and grounds of dispute. It is clarified that merely
recording protest while accepting measurement and/or payment shall not be taken as
raising a dispute.29

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 12.2 No dispute can be raised after 45 days of its first occurrence. Any dispute raised after
expiry of 45 days of its first occurrence shall not be entertained and the Employer shall
not be liable for claims arising out of such dispute.
12.3 The Competent Authority shall decide the matter within 45 days.
12.4 Appeal against the order of the Competent Authority can be preferred within 30 days to
the Appellate Authority as defined in the Contract Data. The Appellate Authority shall
decide the dispute within 45 days.
12.5 Appeal against the order of the Appellate Authority can be preferred before the Madhya
Pradesh Arbitration Tribunal constituted under Madhya Pradesh Madhyastham Adhikaran
Adhiniyam, 1983.
12.6 The Contractor shall have to continue execution of the Works with due diligence
notwithstanding pendency of a dispute before any authority or forum.

B. Time Control
13. Programme
13.1 Within the time stated in the Contract Data, the Contractor shall submit to the Engineer
for approval a Programme showing the general methods, arrangements, order and timing
for all the activities for the construction of works.
13.2 The program shall be supported with all the details regarding key personnel, equipment
and machinery proposed to be deployed on the works for its execution. The contractor
shall submit the list of equipment and machinery being brought to site, the list of key
personnel being deployed, the list of machinery/equipment being placed in field
laboratory and the location of field laboratory along with the Programme.
13.3 An update of the Programme shall be a programme showing the actual progress achieved
on each activity and the effect of the progress achieved on the timing of the remaining
Works, including any changes to the sequence of the activities.
13.4 The Contractor shall submit to the Engineer for approval an updated Programme at
intervals no longer than the period stated in the Contract Data. If the Contractor does not
submit an updated Programme within this period, the Engineer may withhold the amount
stated in the Contract Data from the next payment certificate and continue to withhold
this amount until the next payment after the date on which the overdue Programme has
been submitted.
13.5 The Engineer's approval of the Programme shall not alter the Contractor's obligations. 30

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14. Extension of Time
14.1 The contract is for completion of works and therefore non approval
of EOT shall not in any way invalidate the contract. The contractor
will have to complete the works.
14.2 In the event of delays attributable to the contractor, the EOT shall
not be given by the Engineer-in-Charge and the Liquidated Damages
shall be levied from the contractor in accordance with the provisions
of the contract.
14.3 In the event, the delays are not attributable to the contractor the
EOT may be issued by the Engineer-in-Charge without imposition of
Liquidated Damages either suo-motto or on a written request of the
contractor.
It is clarified that out of the total delays in completion of works,
the EOT shall be issued only for the part, which is not
attributable to the contractor.
(Amended as per Govt. Order No. F-53-55-2018-19-Yo-1154
bhopal, dated 23- 03-2018)

15. Compensation for delay

15.1 The time allowed for carrying out the work, as entered in the agreement, shall be strictly
observed by the Contractor.
15.2 The time allowed for execution of the contract shall commence from the date of signing
of the agreement. It is clarified that the need for issue of work order is dispensed with.
15.3 In the event milestones are laid down in the Contract Data for execution of the works, the
contractor shall have to ensure strict adherence to the same.
15.4 Failure of the Contractor to adhere to the timelines and/or milestones shall attract such
liquidated damages as is laid down in the Contract Data.
15.5 In the event of delay in execution of the Works as per the timelines mentioned in the
Contract Data the Engineer-in-charge shall retain from the bills of the Contractor amount
equal to the liquidated damages leviable until the Contractor makes such delays good.
However, the Engineer-in-charge shall accept bankable security in lieu of retaining such
amount.
15.6 If the Contractor is given extension of time after liquidated damages have been paid, the
Engineer in Charge shall correct any over payment of liquidated damages by the
Contractor in the next payment certificate.

Page 45 of 190
 15.7 In the event the Contractor fails to make good the delay until completion of the stipulated
contract period (including extension of time) the sum so retained shall be adjusted against
the liquidated damages levied.31
16. Contractor's quoted percentage
The Contractor’s quoted percentage rate referred to in the "Bid for works" will be deducted/
added from/to the net amount of the bill after deducting the cost of material supplied by the
department.

C. Quality Control
17. Tests
17.1 The Contractor shall be responsible for:
a. Carrying out the tests prescribed in specifications, and
b. For the correctness of the test results, whether preformed in his laboratory or
elsewhere.
17.2 The contractor shall have to establish field laboratory within the time specified and having
such equipments as are specified in the Contract Data.
17.3 Failure of the Contractor to establish laboratory shall attract such penalty as is specified in
the Contract Data.

18. Correction of Defects noticed during the Defect Liability Period

18.1 The Defect Liability Period of work in the contract shall be as per the Contract Data.
18.2 The Contractor shall promptly rectify all defects pointed out by the Engineer well before
the end of the Defect Liability Period. The Defect Liability Period shall automatically stand
extended until the defect is rectified.
18.3 If the Contractor has not corrected a Defect pertaining to the Defect Liability Period to the
satisfaction of the Engineer, within the time specified by the Engineer, the Engineer will
assess the cost of having the Defect corrected, and the cost of correction of the Defect
shall be recovered from the Performance Security or any amount due or that may become
due to the contractor and other available securities.
D. Cost Control

19. Variations - Change in original Specifications, Designs, and Drawings etc.

19.1 The Engineer-in-charge shall have power to make any alterations, omissions or additions
to or substitutions in the original specifications, drawings, designs and instructions, that
may appear to him to be necessary during the progress of the work and the contractor
shall carry out the work in accordance with any instructions which may be given to him in
writing signed by the Engineer-in-charge, and such alterations, omission, additions or
substitutions shall not invalidate the contract and any altered, additional or substituted
work, which the contractor may be directed to do in the manner above specified, as part

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 of the work, shall be carried out by the contractor on the same conditions in all respects
on which he agrees to do the main work. 32

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 19.2 The time for the completion of the work shall be adjusted in the proportion that the
altered, additional or substituted work bears to the original contract work and the
certificate of the Engineer-in-charge shall be conclusive as to such proportion.

20. Extra items

20.1 All such items which are not included in the priced BOQ shall be treated as extra items.

21. Payments for Variations and / or Extra Quantities

21.1 The rates for such additional (Extra quantity), altered or substituted work / extra items
under this clause shall be worked out in accordance with the following provisions in their
respective order:-

a. The contractor is bound to carry out the additional (Extra quantity), work at the same
rates as are specified in the contract for the work.

b. If the item is not in the priced BOQ and is included in the SOR of the department, the
rate shall be arrived at by applying the quoted tender percentage on the SOR rate.

c. If the rates for the altered or substituted work are not provided in applicable SOR -
such rates will be derived from the rates for a similar class (type) of work as is
provided in the contract (priced BOQ) for the work.

d. If the rates for the altered, substituted work cannot be determined in the manner
specified in the sub clause (c) above - then the rates for such composite work item
shall be worked out on the basis of the concerned Schedule of Rates minus/plus the
percentage quoted by the contractor.

e. If the rates for a particular part or parts of the item is not in the Schedule of Rates and
the rates for the altered, or substituted work item cannot be determined in the
manner specified in sub clause (b) to (d) above, the rate for such part or parts will be
determined by the Competent Authority as defined in the Contract Data on the basis
of the rate analysis derived out of prevailing market rates when the work was done. 33

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 f. But under no circumstances, the contractor shall suspend the work on the plea of non-
acceptability of rates on items falling under sub clause (a) to (d). In case the contractor
does not accept the rate approved by the Engineer in Charge for a particular item, the
contractor shall continue to carry out the item at the rates determined by the
Competent Authority. The decision on the final rates payable shall be arrived at
through the dispute settlement procedure.

22. No compensation for alterations in or restriction of work to be carried out.

22.1 If at any time after the commencement of the work, the Engineer-in-charge, for any
reason whatsoever, not require the whole or any part of the work as specified in the bid
to be carried out; the Engineer-in-charge shall give notice in writing of the fact to the
Contractor and withdraw that whole or any part of the work.
22.2 The Contractor shall have no claim to any payments or compensation whatsoever, on
account of any profit or advantage which he might have derived from the execution of
work in full or on account of any loss incurred for idle men and machinery due to any
alteration or restriction of work for whatsoever reason.
22.3 The Engineer-in-charge may supplement the work by engaging another agency to execute
such portion of the work, without prejudice to his rights.
23. No Interest Payable
No interest shall be payable to the Contractor on any payment due or awarded by any
authority.
24. Recovery from Contractors
Whenever any claim against the Contractor for the payment arises under the contract, the
Department may be entitled to recover such sum by:
(a) Appropriating, in part or whole of the Performance Security and Additional Performance
Security, if any; and/or Security Deposit and / or any sums payable under the contract to
the contractor.
(b) If the amount recovered in accordance with (a) above is not sufficient, the balance sum
may be recovered from any payment due to the contractor under any other contract of
the department, including the securities which become due for release.
(c) The department shall, further have an additional right to effect recoveries as arrears of
land revenue under the M.P. Land Revenue Code.
25. Tax
25.1 The rates quoted by the Contractor shall be deemed to be inclusive of the commercial tax
and other levies, duties, cess, toll, taxes of Central and State Governments, local bodies
and authorities.34

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 25.2 The liability, if any, on account of quarry fees, royalties, octroi and any other taxes and
duties in respect of materials actually consumed on public work, shall be borne by the
Contractor.

25.3 Any changes in the taxes due to change in legislation or for any other reason shall not be
payable to the contractor.

26. Check Measurements

26.1 The department reserves to itself the right to prescribe a scale of check measurement of
work in general or specific scale for specific works or by other special orders.
26.2 Checking of measurement by superior officer shall supersede measurements by
subordinate officer(s), and the former will become the basis of the payment.
26.3 Any over/excess payments detected, as a result of such check measurement or otherwise
at any stage up to the date of completion of the defect liability period specified in this
contract, shall be recoverable from the Contractor, as per clause 24above.

27. Termination by Engineer in Charge

27.1 If the Contractor fails to carry out any obligation under the Contract, the Engineer in
Charge may by notice require the Contractor to make good the failure and to remedy it
within a specified reasonable time.
27.2 The Engineer in Charge shall be entitled to terminate the Contract if the Contractor
a) abandons the Works or otherwise plainly demonstrates the intention not to continue
performance of his obligations under the Contract;
b) the Contractor is declared as bankrupt or goes into liquidation other than for
approved reconstruction or amalgamation;
c) without reasonable excuse fails to comply with the notice to correct a particular
defect within a reasonable period of time;
d) the Contractor does not maintain a valid instrument of financial security as prescribed;
e) the Contractor has delayed the completion of the Works by such duration for which
the maximum amount of liquidated damages is recoverable;
f) If the Contractor fails to deploy machinery and equipment or personnel or set up a
field laboratory as specified in the Contract Data;
g) If the contractor, in the judgment of the Engineer in charge has engaged in corrupt or
fraudulent practices in competing for or in executing the contract;
h) Any other fundamental breaches as specified in the Contract Data.35

27.3 In any of these events or circumstances, the Engineer in Charge may, upon giving 14 days’
notice to the Contractor, terminate the Contract and expel the Contractor from the Site.

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 However, in the case of sub-paragraph (b) or (g) of clause 27.2, the Engineer in Charge
may terminate the Contract immediately.
27.4 Notwithstanding the above, the Engineer-in-Charge may terminate the Contract for
convenience by giving notice to the Contractor.

28.Payment upon Termination

28.1 If the contract is terminated under clause 27.3, the Engineer shall issue a certificate for
value of the work accepted on final measurements, less Advance Payments and Penalty as
indicated in the Contract Data. The amount so arrived at shall be determined by the
Engineer-in-Charge and shall be final and binding on both the parties.
28.2 Payment on termination under clause 27.4 above -
If the Contract is terminated under clause 27.4above, the Engineer shall issue a certificate
for the value of the work done, the reasonable cost of removal of Equipment, repatriation
of the Contractor's personnel employed solely on the Works, and the Contractor's costs of
protecting and securing the Works and less advance payments received up to the date of
the certificate, less other recoveries due in terms of the contract and less taxes due to be
deducted at source as per applicable law.
28.3 If the total amount due to the Employer exceeds any payment due to the Contractor, the
difference shall be recovered as per clause 24 above.

29.Performance Security
The Contractor shall have to submit performance security and additional performance
security, if any, as specified in the Bid Data Sheet at the time of signing of the contract. The
contractor shall have to ensure that such performance security and additional performance
security, if any, remains valid for the period as specified in the Contract Data.

30.Security Deposit-
30.1 Security Deposit shall be deducted from each running bill at the rate as specified in the
Contract Data. The total amount of Security Deposit so deducted shall not exceed the
percentage of Contract Price specified in the Contract Data.
30.2 The security deposit may be replaced by equivalent amount of bank guarantee or fixed
deposit receipt assigned to the Employer, with validity up to 3 (three) months beyond the
completion of Defect Liability Period/ extended Defect Liability Period.
30.3 The Security Deposit shall be refunded on completion of Defect Liability Period. 36
31. Price Adjustment
31.1 Contract price shall be adjusted for increase or decrease in rates
and price of labour, materials, fuels and lubricants in accordance
with following principles and procedures and as per formula given
in the contract data.
(a) The price adjustment shall apply for the work done
from the start date given in the contract data upto the
end of the initial intended completion date or

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Page 51 of 190
 extensions granted by the Engineer and shall not apply
to the work carried out beyond the stipulated time for
reasons attributable to the contractor.
(b) The price adjustable shall be determined during
each month from the formula given in the contract
data.
(c) Following expression and meaning are assigned to
the work done during each month:
R = Total value of work during the month. It would
include the amount of secured advance
granted, if any, during the month, less the
amount of secured advance recovered, if
any during the month. It will exclude value of
works executed under variations for which
no price adjustment shall be payable.

(Amended as per Govt. Order No. F-53-55-2018-19-Yo-1154 Bhopal, dated 23-03-

2018)

31.2 To the extent that full compensation for any rise or fall in costs to
the contractor is not covered by the provisions of this or other
clauses in the contract, the unit rates and prices included in the
contract shall be deemed to include amounts to cover the
contingency of such other rise or fall in costs.

(Amended as per Govt. Order No. F-53-55-2018-19-Yo-1154 Bhopal, dated 23-

03-2018)

32.Mobilization and Construction Machinery Advance

32.1 Payment of advances shall be applicable if provided in the Contract Data.

32.2 If applicable, the Engineer in Charge shall make interest bearing advance payment to the
contractor of the amounts stated in the Contract Data, against provision by the contractor
of an unconditional Bank Guarantee in a form and by a nationalized/ scheduled banks, in
the name as stated in the Contract Data, in amounts equal to the advance payment. The
guarantee shall remain effective until the advance payment has been repaid, but the
amount of the guarantee shall be progressively reduced by the amounts repaid by the
contractor.
32.3 The rate of interest chargeable shall be as per Contract Data.
32.4 The construction machinery advance, if applicable, shall be limited to 80% of the cost of
construction machinery and admissible only for new construction machinery.
32.5 The advance payment shall be recovered as stated in the Contract Data by deducting
proportionate amounts from payment otherwise due to the Contractor. No account shall
be taken of the advance payment or its recovery in assessing valuations of work done,
variations, price adjustments, compensation events, or liquidated damages.

Page 52 of 190
33. Secured Advance
33.1 Payment of Secured Advance shall be applicable if provided in the Contract Data.
33.2 If applicable, the Engineer shall make advance payment against materials intended for but
not yet incorporated in the Works and against provision by the contractor of an
unconditional Bank Guarantee in a form and by a nationalized/ scheduled bank, in the
name as stated in the Contract Data, in amounts equal to the advance payment. The
guarantee shall remain effective until the advance payment has been adjusted, but the
amount of the guarantee shall be progressively reduced by the amounts adjusted by the
contractor.
33.3 The amount of secured advance and conditions to be fulfilled shall be as stipulated in the
Contract Data.
33.4 The Secured Advance paid shall be recovered as stated in the Contract Data.

34. Payment Certificates

The payment to the contractor will be as follows for construction work:
(a) The Contractor shall submit to the Engineer monthly statements of the value of the work
executed less the cumulative amount certified previously, supported with detailed
measurement of the items of work executed.
(b) The Engineer shall check the Contractor’s monthly statement and certify the amount to be
paid to the Contractor. 37

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 (c) The value of work executed shall be determined, based on the measurements approved
by the Engineer/ Engineer-in-charge.
(d) The value of work executed shall comprise the value of the quantities of the items in the
Bill of Quantities completed.
(e) The value of work executed shall also include the valuation of Variationsand
Compensation Events.
(f) All payments shall be adjusted for deductions for advance payment, security deposit, other
recoveries in terms of contract and taxes at source as applicable under the law.
(g) The Engineer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later
information.
(h) Payment of intermediate certificate shall be regarded as payments by way of advance
against the final payment and not as payments for work actually done and completed.
(i) Intermediate payment shall not preclude the requiring of bad, unsound and imperfect or
unskilled work to be removed and taken away and reconstructed or be considered as an
admission of the due performance of the contractor any part thereof, in any respect or
the occurring of any claim.
(j) The payment of final bill shall be governed by the provisions of clause 36 of GCC.

E. Finishing the Contract

35. Completion Certificate

35.1 A Completion Certificate in the prescribed format in Contract Data shall be issued by the
Engineer-in-Charge after physical completion of the Work.
35.2 After final payment to the Contractor, a Final Completion Certificate in the prescribed
format in the Contract Data shall be issued by the Engineer-in-Charge.38

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36.Final Account

36.1 The Contractor shall supply the Engineer with a detailed account of the total amount that
the Contractor considers payable for works under the Contract within 21 days of issue of
certificate of physical completion of works. The Engineer shall issue a Defects Liability
Certificate and certify any payment that is due to the Contractor within 45 days of
receiving the Contractor’s account if it is correct and complete. If the account is not
correct or complete, the Engineer shall issue within 45 days a schedule that states the
scope of the corrections or additions that are necessary. If the Account is still
unsatisfactory after it has been resubmitted, the matter shall be referred to the
Competent Authority as defined in the Contract Data, who shall decide on the amount
payable to the Contractor after hearing the Contractor and the Engineer in Charge.

36.2 In case the account is not received within 21 days of issue of Certificate of Completion as
provided in clause 35.1 above, the Engineer shall proceed to finalise the account and issue
a payment certificate within 28 days.

F. Other Conditions of Contract

37. Currencies
All payments will be made in Indian Rupees.
38. Labour
38.1 The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for their
payment, housing, feeding and transport.
38.2 The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail,
in such form and at such intervals as the Engineer may prescribe, showing the staff and
the numbers of the several classes of labour from time to time employed by the
Contractor on the Site and such other information as the Engineer may require.39

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39.Compliancewith Labour Regulations
39.1. During continuance of the Contract, the Contractor and his sub-Contractors shall abide at
all times by all existing labour enactments and rules made there under, regulations,
notifications and bye laws of the State or Central Government or local authority and any
other labour law (including rules), regulations, bye laws that may be passed or notification
that may be issued under any labour law in future either by the State or the Central
Government or the local authority. Salient features of some of the major labour laws that
are applicable to construction industry are given in the Contract Data. The Contractor
shall keep the Employer indemnified in case any action is taken against the Employer by
the competent authority on account of contravention of any of the provisions of any Act
or rules made their under, regulations or notifications including amendments. If the
Employer is caused to pay or reimburse, such amounts as may be necessary to cause or
observe, or for non-observance of the provisions stipulated in the
notifications/byelaws/Acts/Rules/ regulations including amendments, if any, on the part
of the Contractor, the Engineer/Employer shall have the right to deduct from any money
due to the Contractor including his amount of performance security. The
Employer/Engineer shall also have right to recover from the Contractor any sum required
or estimated to be required for making good the loss or damage suffered by the
Employer. The employees of the Contractor and the Sub-Contractor in no case shall be
treated as the employees of the Employer at any point of time.

40. Audit and Technical Examination

Government shall have the right to cause an audit and technical examination of the works and
the final bill of the contract including all supporting vouchers, abstract etc. to be made after
payment of the final bill and if as a result of such audit and technical examination any sum is
found to have been overpaid in respect of any work done by the contractor under the contract
or any work claimed by him to have been done under the contract and found not to, have been
executed, the Contractor shall be liable to refund the amount of overpayment and it shall be
lawful for Government to recover the same from him in the manner prescribed in clause 24
above and if it is found that the Contractor was paid less than what was due to him, under the
contract in respect of any work executed by him under it, the amount of such under payment
shall be duly paid by Government to the Contractor.40

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41. Death or Permanent Invalidity of Contractor
If theContractor is an individual or a proprietary concern, partnership concern, dies during the
currency of the contract or becomes permanently incapacitated, where the surviving partners
are only minors, the contract shall be closed without levying any damages/ compensation as
provided for in clause 28.2 of the contract agreement. However, if the competent authority is
satisfied about the competence of the survivors, then the competent authority shall enter into
a fresh agreement for the remaining work strictly on the same terms and conditions under
which the contract was awarded.

42. Jurisdiction
This contract has been entered into the State of Madhya Pradesh and its validity, construction,
interpretation and legal effect shall be subjected to the courts at the place where this
agreement is entered into. No other jurisdiction shall be applicable. 41
[End of GCC]

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 Contract Data42
GCC
Particulars Data
Clause
1.14 Employer Divisional Project Engineer PWD PIU BALAGHAT
1.15 Engineer Divisional Project Engineer PWD PIU BALAGHAT
1.16 Engineer in Charge Divisional Project Engineer PWD PIU BALAGHAT.
Stipulated period of completion 04 Months including rainy season
(Prior is always including rainy season, unless mentioned
otherwise)
And as below :
For Conventional Building works costing :
Upto Rs. 50 Lacs – max 24 months
From Rs. 50 lacs to 2 crores – max 15 months
1.22 From 2 crore to 5 crore – max 18 months
From 5 crore to 10 crore – max 20 months
From 10 crore to 20 crore – max 24 months
More then Rs. 20 crore – max 30 months

For prefab Building Works :

The time permitted to be kept is 50% of time prescribed
for conventional construction.
3 Language & Law of Contract English & Indian Contract Act 1872
Address & contact details of the As per Annexure-“H”
Contractor
4 Address & contact details of the Additional Project Director PWD PIU JabalpurE-Mail :-
Employer/ Engineer – phone, Fax, apdpiujabalpur@gmail.com
e-mail. Ph. No. 0761-4031272
Subcontracting permitted for the More than Rs. 5 Crore (Five Crore)
5
Contract Value
Technical Personnel to be As per Annexure-“I” (Format I-3, I-4 and I-5)
provided by the contractor
6 Penalty, if required Technical Rs. Thirty Thousand per month for each Graduate Engineer.
Personnel not employed And
Rs. Eighteen Thousand per month for each Diploma Engineer
Specifications As per Annexure-“E”
10
Drawings As per Annexure – “N”
Competent Authority for deciding Joint Project Director, O/o Additional Project Director PWD
dispute under Dispute Resolution PIU Jabalpur (M.P.)
System
12
Appellate Authority for deciding Additional Project Director, PWD PIU Jabalpur.
dispute under Dispute Resolution
System
Period for submission of updated (a) Every 3 months
construction program Or
(b) at the end of every milestone whichever is less
13
Amount to be withheld for not @ 1 (one) percent of contract amount, subject to a maximum
submitting construction program of Rs. 50000/- (Fifty thousand)
in the prescribed period

42
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Page 58 of 190
 Contract Data42
GCC
Particulars Data
Clause
Competent Authority for granting (a) Upto 30 days – DPE PWD PIU BALAGHAT
14 Time Extension (b) More than 30 days – APD PWD PIU JBP
Milestones laid down for the
Yes
contract
If Yes, details of Milestones As per Annexure – “O” or as below, if not mentioned in
Annexure- “O”
Mile stone 1:-
1/8thof the whole work before 1/4th of the whole time allowed
has elapsed.
Mile stone 2:-
15
3/8thof the whole work before 1/2th of the whole time
allowed has elapsed.
Mile Stone3:-
3/4thof the whole work before 3/4th of the whole time allowed
has elapsed.
Mile Stone4:-
Complete work within the stipulated time.
Liquidated damage As per Annexure –“P”
List of equipment for lab. As per Annexure –“Q”
Time to establish lab. 30 days from date of signing of the Agreement.
17
Penalty for not establishing field 1 % of contract amount per month subject to a maximum of
Laboratory Rs. 50000/- per month of the delay.
For Building works:-3 Years As per letter no F-
1401/1246/2018/19/yo/ Bhopal Dated 06/04/2018 as per
enclosedletter. The special Conditions for Building works in
PIU, M.P., PWD issued vide Govt.of MP PWDletter no.
1595/2464/ 2015/19/P Bhopal dated 20.03.2015, the
amendment No. 6 for Performance guarantee period ( Defects
Liability Period) for Building shall be Five yearsinstead of three
years and rest condition explained in amendment 6 will
remain as it is.
To execute, complete and maintain works in accordance with
agreement and special conditions of contract (SCC) after issue
of physical completion certificate as per “Annexure- U”
Note :- in accordance with clause 18.3 (GCC), the Engineer in
18 Defect Liability Period
Charge shall intimate the contractor about the cost assessed,
for making good the defects, and if the contractor has not
corrected defects, action for correction of defects shall be
taken by the Engineer in Charge as below:-
(a) Deply departmental labour and material.
Or
(b) Engage a contractor by issuing a work order at
contract rate/SOR rate.
Or
© Sanction supplementary work in a existing agreement
to a contractor for zonal works or similar other work.
Or
(d) Invite open tender

Page 59 of 190
 Contract Data42
GCC
Particulars Data
Clause
Or
(e) (e) Combination of above

Competent Authority for Additional Project Dierctor PWD PIU Jabalpur (M.P.)
21
determining the rate
27 Any other condition for breach of Yes as below:-
contract If the contractor fails to achieve 50% financial progress in
any milestone and/or fails to achieve 75% financial
progress in two consecutive mile stones.
28 Penalty Penalty Shall include :-
(a) Security deposit as per clause 30 of General Conditions
of Contract.
AND
(b) Liquidated Damages imposed as per clause 15 or
Performance Security (Guarantee) including Additional
Performance Security (Guarantee), if any, as per
clause 29 of General Conditions of Contract,
whichever is higher.
Performance guarantee (Security) Three months beyond the completion of Defect Liability
29 shall be valid up to Period (Maintenance Guarantee Period)
Security Deposit to be deducted At the rate of 5% of Gross Amount of Running Bill.
from each running bill
30
Maximum limit of deduction of Up to 5% of Final Contract Amount.
Security Deposit
Clause 31.1 (1) Price Adjustment As perAnnexure-“R” and as below:-
Shall be applicable. (a) The price Adjustment shall apply only in respect of Cement,
Steel, Bitumen and POL components.
(b) Price Adjustment shall be applicable only in case of
Probable Amount of contract (PAC) in NIT is more than
Rs. Ten Crore. This clause shall not have any bearing
31 with the contract amount.
Clause 31.2.4 Weightages of Component - Percentage of Component in the work
component in the work Cement – Pc - 18 %
Steel – Ps - 13 %
Bitument –Pb - Nil
POL – Pf - 5%
3243 32.1 Mobilization and No Mobilization and Construction Machinery Advance payable
Construction Machinery Advance
Applicable
32.2 If yes, Unconditional Bank Not Applicable
Guarantee
32.3 If yes, Rate of interest Not Applicable
chargeable on advances
32.4 If yes, Type & Amount of Not Applicable

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 Contract Data42
GCC
Particulars Data
Clause
Advance payment that can be
paid
32.5 If yes, Recovery of advance Not Applicable
payment
33 33.1 Secured Advance Applicable Not Applicable
33.2 if yes, Unconditional Bank Not Applicable
Guarantee
33.2 if yes, Amount of Secured Not Applicable
Advance
33.3 if yes, Conditions for secured Not Applicable
advance
33.4 if yes, Recovery of Secured Not Applicable
advance
Completion Certificate – after
As per Annexure –“U”44
physical completion of the Work
35 Final Completion Certificate –
after final payment on completion As per Annexure- “V”
of the Work
36 Competent Authority DPE PWD PIU Balaghat (M.P.)
Salient features of some of the
39 major labour laws that are As per Annexure-“W”
applicable
4145 Competent Authority Additional Project Director, PWD PIU Jabalpur.

44
Section 3 –Contract Data

Page 61 of 190
 ANNEXURE – N
(See clause 10 of Section 3 – GCC )

Drawings

List of drawings –

Page 62 of 190
 ANNEXURE – O
(See clause 15 of Section 3 -GCC )

Details of Milestones46

As per Contract Data

46
Section 3 – Annexure O

Page 63 of 190
 ANNEXURE – P
(See clause 15 of Section 3 -GCC )

Compensation for Delay

If the contractor fails to achieve the milestones, and the delay in execution of work is
attributable to the contractor, the Employer shall retain an amount from the sums payable
and due to the contractor as per following scale -

i. Slippage up to 25% in financial target during the milestone under consideration

— 2.5% of the work remained unexecuted in the related time span.
ii. Slippage exceeding 25% but Up to 50% in financial target during the milestone under
consideration
- 5% of the work remained unexecuted in the related time span..
iii. Slippage exceeding 50% but Up to 75% in financial target during the milestone under
consideration
-7.5% of the work remained unexecuted in the related time span..
iv. Slippage exceeding 75% in financial target during the milestone under consideration
-10% of the work remained unexecuted in the related time span.

Note: For arriving at the dates of completion of time span related to different milestones, delays
which are not attributable to the Contractor shall be considered. The slippage on any
milestone is if made good in subsequent milestones or at the time of stipulated period of
completion, the amount retained as above shall be refunded. In case the work is not
completed within the stipulated period of completion along with all such extensions which
are granted to the Contractor for either Employer’s default or Force Majeure, the
compensation shall be levied on the contractor at the rate of 0.05% per day of delay limited
to a maximum of 10% of contract price.
The decision of Superintending Engineer shall be final and binding upon both the
parties.47

47
Section 3 – Annexure P

Page 64 of 190
 ANNEXURE – Q
(See clause 17 of Section 3 -GCC )

List of Equipment for Quality Control Lab48

48
Section 3 – Annexure Q

Page 65 of 190
 ANNEXURE - R
(See clause 31 of Section 3 -GCC )

The formula for adjustment of prices are :

[ Cl. 31 of Section 3- GCC ]
R= Value of work as defined in Clause 31.1 of Conditions of Contract
Adjustment for Labour Component
(i) Price adjustment for increase or decrease in the cost due to labour shall be
paid in accordance with the following formula.
VL = 0.85 XP1/100 XR(Li – Lo ) / Lo
VL = increase or decrease in the cost of work during the month under consideration
due to changes in rates for local Labour.
Lo= the consumer price index for industrial workers for the State on 28days preceding the date of
opening of Technical Bids as published by Labour Bureau, Ministry of Labour, Government of India.
Li= the consumer price index for industrial workers for the State for the month under consideration as
published by Labour Bureau, Ministry of Labour component of the work.
P1 = Percentage of Labour component of the work.
Adjustment for Cement Component
(ii) Price adjustment for increase or decrease in the cost of cement procured by
the contractor shall be paid in accordance with the following formula:
V C= 0.85 X PC/100 X R X(C1-C0)/C0
Vc= increase or decrease in the cost of work during the month under Consideration due to changes in
rates for cement.
Co= The all India wholesale price index for Pozzolana Cement on 28 days preceding the date of
opening of Technical Bids, as published by the Economic Advisor, DIPP, Ministry of Commerce &
Industry Government of India, New Delhi.
C1= The all India average wholesale price index for cement for the month under consideration as
published by the Economic Advisor, DIPP, Ministry of Commerce & Industry Government of India, New
Delhi.
Pc= Percentage of cement component of the work

Adjustment of Steel Component

(iii) Price adjustment for increase or decrease in the cost of steel procured by the
Contractor shall be paid in accordance with the following formula:
Vs= 0.85 X PS X /100 X R X (S1-S0)/S0
Vs= Increase or decrease in the cost of work during the month under consideration due to changes in
the rates for steel.
S0= The all India wholesale price index for mild steel long products / flats on 28 days preceding the
date of opening of Technical Bids, as published by the Economic Advisor, DIPP, Ministry of Commerce
& Industry Government of India, New Delhi.
Si = The all India average wholesale price index for mild steel long products / flats for the month under
consideration as published by the Economic Advisor, DIPP, Ministry of Commerce & Industry
Government of India, New Delhi.
Ps= Percentage of steel component of the work.
Note: For the application of this clause, index of mild steel long products / flats has been Chosen to
represent steel group. In any work only one of the indices i.e.
either for long products or for flats shall be used as decided by the Employer/ Executing Agency.

Page 66 of 190
Adjustment of Bitumen Component
(iv) Price Adjustment for increase or decrease is the cost of bitumen shall be paid
in accordance with the following formula:
Vb= 0.85 X Pb / 100XRX( Bi – Bo) / Bo
Vb= Increase or decrease in the cost of work during the month under
consideration due to changes in rates for bitumen.
Bo = The official retail price of bitumen at the IOC depot nearest to the
work site on the day 28 days prior to the date of opening ofTechnical Bids.
Bi = The official retail price of bitumen at the IOC depot nearest to the
work site for the 15th day of the month under consideration.
Pb= Percentage of bitumen component of the work.

Adjustment of POL (Fuel and Lubricant) Component

( V) Price adjustment for increase or decrease in cost of POL (Fuel and Lubricant)
shall be paid in accordance with the following formula:
Vf= 0.85 X Pf / 100 X RX ( Fi– Fo) / Fo
Vf= Increase or decrease in the cost of work during the month under consideration due to changes in
rates for fuel and lubricants.
Fo= The official retail price of High Speed Diesel (HSD) at the existingconsumer pumps of IOC nearest
to the work site on the day 28 daysprior to the date of opening of Technical Bids.
Fi = The official retail price of HSD at the existing consumer pumps of IOC nearest to the work site for
the 15th day of month under consideration.
Pf = Percentage of fuel and lubricants component of the work.
Note : For the application of this clause, the price of High Speed Diesel oil has been chosen to represent
fuel and lubricants group.

Adjustment for Plant and Machinery Spares component

( Vi) Price adjustment for increase or decrease in the cost of plant and machinery spares procured by
the Contractor shall be paid in accordance with the following formula:Vp= 0.85X Pp / 100XRx( Pi – Po) /
Po
Vp= Increase or decrease in the cost of work during the month under
consideration due to changes in rates for plant and machinery spares.
Po= The all India wholesale price index for manufacturer of machines for mining / quarrying and
construction on 28 days preceding the date of opening of Technical Bids, as published by the Economic
Advisor, DIPP, Ministry of Commerce & Industry Government of India, New Delhi.
Pi = The all India wholesale price index for manufacturer of machines for mining / quarrying and
construction for the month under consideration as published by the Economic Advisor, DIPP, Ministry
of Commerce & Industry Government of India, New Delhi.
Pp = Percentage of plant and machinery spares component of the work.
Note : For the application of this clause, index of manufacturer of machines for mining / quarrying and
construction has been chosen to represent the Plant and Machinery Spares group.
Adjustment of Other Materials Component.
( Vii) Price adjustment for increase or decrease in cost of local materials other than cement, Steel,
Bitumen and POL procured by the contractor shall be paid in accordance with the following formula:
Vm= 0.85X Pm / 100XRX( Mi – Mo) / Mo
V m= Increase or decrease in the cost of work during the month under consideration due to changes
in rates for local materials other than cement, Steel, Bitumen and POL.

Page 67 of 190
Mo= The all India wholesale price index ( all commodities ) on 28 days preceding the date of opening
of Technical Bids, as published by the Economic Advisor, DIPP, Ministry of Commerce & Industry
Government of India, New Delhi.
Mi = The all India wholesale price index( all commodities) for the month
under consideration as published by the Economic Advisor, DIPP, Ministry of Commerce & Industry
Government of India, New Delhi.
Pm = Percentage of local material component (other than Cement, Steel, Bitumen and POL) of the
work. Plant and Machinery spares component of the work.
(Amended As per vide Govt. Order No. F-53-55-2018-19-Yo-1154 bhopal dated 23-3-2018 )

The following percentages will govern the price adjustment for the entire contract:
S.No. Component Nature of Work

1 2
1 Labour component-P1

2 Cement component -Pc

3 Steel component -Ps
4 Bitumen component-Pb
5 POL component -Pf
6 Plant & Machinery
Spares component -Pp
7 Other Materials
component-Pm
Note: Ordinarily the 7 components shown above are components of the civil works. However for
specific works in which some components not included in the aforementioned 7 components, form a
substantial part of the works the same can be provided using similar formula and related indices. In all
cases the sum total of percentage of different components shall be 100%.

(AmendedAs per vide Govt. Order No. F-53-55-2018-19-Yo-1314bhopal dated 28-3-2018 )

Page 68 of 190
 Annexure – S
(See clause 32of Section 3 -GCC )

Bank Guarantee Form for Mobilization and Construction MachineryAdvance

To
_____________________[name of Employer]
_____________________[address of Employer]
_____________________[name of Contractor]
In accordance with the provisions of the General Conditions of Contract, clause 31
("Mobilization and Construction Machinery Advance") of the above-mentioned Contract
__________________[name and address of Contractor] (hereinafter called "the Contractor") shall
deposit with ______________ [name of Employer] a bank guarantee to guarantee his proper and
faithful performance under the said Clause of the Contract in an amount of
___________________[amount of Guarantee]* ____________________[in words].
We, the _______________[bank of financial institution], as instructed by the Contractor, agree
unconditionally and irrevocably to guarantee as primary obligator and not as surety merely, the
payment to _________________[name of Employer] on his first demand without whatsoever right of
obligation on our part and without his first claim to the Contractor, in the amount not exceeding
____________[amount of guarantee]* ___________________________[in words].
We further agree that no change or addition to or other modification of the terms of the
Contractor or Works to be performed thereunder or of any of the Contract documents which may be
made between __________________[name of Employer] and the Contractor, shall in any way
release us from any liability under this guarantee, and we hereby waive notice of any such change,
addition or modification.
This guarantee shall remain valid and in full effect from the date of the advance payment under
the Contract until _________________ [name of Employer] receives full repayment of the same
amount from the Contractor.
Yours truly,
Signature and Seal : ____________________________
Name of Bank/Financial Institution: ________________
Address : _____________________________________
Date : ____________
_______________________________________________________________
* An amount shall be inserted by the Bank or Financial Institution representing the amount of
the Advance Payment, and denominated in Indian Rupees.49

49
Section 3 – Annexure S

Page 69 of 190
 Annexure – T
(See clause 33of Section 3 -GCC )

Bank Guarantee Form for SecuredAdvance

INDENTURE FOR SECURED ADVANCES

This indenture made the ___________ day of __________ 20___ BETWEEN
____________ (hereinafter called the contractor which expression shall where the context so admits
or implies be deemed to include his executors, administrators and assigns) or the one part and the
Employer of the other part.
Whereas by an agreement dated ______________ (hereinafter called the said
agreement) the contractor has agreed.
AND WHEREAS the contractor has applied to the Employer that he may be allowed
advanced on the security of materials absolutely belonging to him and brought by him to the site of
the works the subject of the said agreement for use in the construction of such of the works as he
has undertaken to executive at rates fixed for the finished work (inclusive of the cost of materials and
labour and other charges)
AND WHEREAS the Employer has agreed to advance to the Contractor the sum of
Rupees _________________________ on the security of materials the quantities and other
particulars of which are detailed in Accounts of Secured Advance attached to the Running Account
Bill for the said works signed by the Contractor on _________ and the Employer has reserved to
himself the option of making any further advance or advances on the security of other materials
brought by the Contractor to the site of the said works.
Now THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in
consideration of the sum of Rupees ___________ on or before the execution of these presents paid
to the Contractor by the Employer (the receipt where of the Contractor doth hereby acknowledge)
and of such further advances (if any) as may be made to him as a for said the Contractor doth hereby
covenant and agree with the President and declare as follows:
That the said sum of Rupees ________________ so advanced by the Employer to50

50
Section 3 –Annexure T

Page 70 of 190
(1) the Contractor as aforesaid and all or any further sum of sums advanced as aforesaid shall be
employed by the Contractor in or towards expending the execution of the said works and for
no other purpose whatsoever.
(2) That the materials details in the said Account of Secured Advances which have been offered
to and accepted by the Employer as security are absolutely the Contractor's own propriety
and free from encumbrances of any kind and the contractor will not make any application for
or receive a further advance on the security of materials which are not absolutely his own
property and free from encumbrances of any kind and the Contractor indemnified the
Employer against all claims to any materials in respect of which an advance has be made to
him as aforesaid.
(3) That the materials detailed in the said account of Secured Advances and all other materials on
the security of which any further advance or advances may hereafter be made as aforesaid
(hereafter called the said materials) shall be used by the Contractor solely in the execution of
the said works in accordance with the directions of the Engineer.
(4) That the Contractor shall make at his own cost all necessary and adequate arrangements for
the proper watch, safe custody and protection against all risks of the said materials and that
until used in construction as aforesaid the said materials shall remain at the site of the said
works in the Contractor's custody and on his own responsibility and shall at all times be open
to inspection by the Engineer or any officer authorized by him. In the event of the said
materials or any part thereof being stolen, destroyed or damaged or becoming deteriorated
in a greater degree than is due to reasonable use and wear thereof the Contractor will
forthwith replace the same with other materials of like quality or repair and make good the
same required by the Engineer.
(5) That the said materials shall not be removed from the site of the said works except with the
written permission of the Engineer or an officer authorized by him on that behalf.51
52
(6) That the advances shall be repayable in full when or before the Contract receives payment
from the Employer of the price payable to him for the said works under the terms and
provisions of the said agreement. Provided that if any intermediate payments are made to
the Contractor on account of work done than on the occasion of each such payment the
Employer will be at liberty to make a recovery from the Contractor's bill for such payment by
deducting there from the value of the said materials than actually used in the construction
and in respect of which recovery has not been made previously, the value for this purpose

51
Section 3 – Annexure T
52
Section 3 – Annexure T

Page 71 of 190
 being determined in respect of each description of materials at the rates at which the
amounts of the advances made under these presents were calculated.

(7) That if the Contractor shall at any time make any default in the performance or observance in
any respect of any of the terms and provisions of the said agreement or of these presents the
total amount of the advance or advances that may still be owing of the Employer shall
immediately on the happening of such default be re-payable by the Contractor to be the
Employer together with interest thereon at twelve percent per annum from the date or
respective dates of such advance or advances to the date of repayment and with all costs,
charges, damages and expenses incurred by the Employer in or for the recovery thereof or
the enforcement of this security or otherwise by reason of the default of the Contractor and
the Contractor hereby covenants and agrees with the Employer to reply and pay the same
respectively to him accordingly.

(8) That the Contractor hereby charges all the said materials with the repayment to the Employer
of the said sum of Rupees____________________________ and any further sum of sums
advanced as aforesaid and all costs, charges, damages and expenses payable under these
presents PROVIDED ALWAYS and it is hereby agreed and declared that notwithstanding
anything in the said agreement and without prejudice to the power contained therein if and
whenever the covenant for payment and repayment here-in-before contained shall become
enforceable and the money owing shall not be paid in accordance there with the Employer
may at any time thereafter adopt all or any of the following courses as he may deem best:

(a) Seize and utilise the said materials or any part thereof in the completion of the said
works on behalf of the contractor in accordance with the provision in that behalf
contained in the said agreement debiting the contractor with the actual cost of effecting
such completion and the amount due to the contractor with the value of work done as if
he had carried it out in accordance with the said agreement and at the rates thereby
provided. If the balance is against the contractor, he is to pay same to the Employer on
demand.
(b) Remove and sell by public auction the seized materials or any part thereof and out of the
moneys arising from the sale retain all the sums aforesaid repayable or payable to the
Employer under these presents and pay over the surplus (if any) to the Contractor.
(C) Deduct all or any part of the moneys owing out of the security deposit or any sum due to
the Contractor under the said agreement.
(9) That except in the event of such default on the part of the contractor as aforesaid interest on
the said advance shall not be payable.

Page 72 of 190
(10) That in the event of any conflict between the provisions of these presents and the said
agreement the provisions of these presents shall prevail and in the event of any dispute or
difference arising over the construction or effect of these presents the settlement of which
has not been here-in-before expressly provided for the same shall be referred to the
Employer whose decision shall be final and the provision of the Indian Arbitration Act for the
time being in force shall apply to any such reference.53

53
Section 3 – Annexure T

Page 73 of 190
 Annexure – U
(See clause 35 of Section 3 -GCC )

Physical Completion Certificate

Name of Work:
……………………………………………….………………………………………………………………………………………………
…………….……………………………………………….……………………………………………….…………………………………
……………………………………………….………………………………………………………..

Agreement No. ……………………..……………..…………. Date …………………..……………..

Amount of Contract Rs ……………………………………….…….

Name of Agency : ……………………………………………………………………………….…

Used MBNo. ------------------------------------

Last measurement recorded

a. Page No. & MB No. ________________________________
b. Date _______________________________________________

Certified that the above mentioned work was physically completed on ………………. (date) and
taken over on ……………….. (date) and that I have satisfied myself to best of my ability that the
work has been done properly.

Date of issue

Divisional Project Engineer

PWD PIU BALAGHAT

Page 74 of 190
 Annexure – V
(See clause 35 of Section 3 -GCC )

Final Completion Certificate

Name of Work:
……………………………………………….………………………………………………………………………………………………
…………….……………………………………………….……………………………………………….…………………………………
……………………………………………….………………………………………………………..

Agreement no. ………………………………………….………. Date ……………………………………

Name of Agency : ………………………………………………………………………………………………

Used MB No. ----------------------------------------

Last measurement recorded

a. Page No. & MB No. ________________________________
b. Date _______________________________________________

Certified that the above mentioned work was physically completed on ………………. (date) and
taken over on ……………….. (date).
Agreemented amount Rs. …………………..
Final Amount paid to contractor Rs. ----------------------

Incumbency of officers for the work

I have satisfied myself to best of my ability that the work has been done properly.

Date of issue

Divisional Project Engineer

PWD PIU BALAGHAT

Page 75 of 190
 Annexure – W
(See clause 39 of Section 3 -GCC )

Salient Features of Some Major Labour Laws Applicable

a) Workmen Compensation Act 1923: - The Act provides for compensation in case of injury by
accident arising out of and during the course of employment.

b) Payment of Gratuity Act 1972: - Gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed the prescribed
minimum years (say, five years) of service or more or on death the rate of prescribed
minimum days’(say, 15 days) wages for every completed year of service. The Act is applicable
to all establishments employing the prescribed minimum number (say, 10) or more
employees.

c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for monthly
contributions by the Employer plus workers at the rate prescribed (say, 10% or 8.33%). The
benefits payable under the Act are:
i. Pension or family pension on retirement or death as the case may be.
ii. Deposit linked insurance on the death in harness of the worker.
iii. Payment of P.F. accumulation on retirement/death etc.

d) Maternity Benefit Act 1951: - The Act provides for leave and some other benefits to women
employees in case of confinement or miscarriage etc.

e) Contract Labour (Regulation & Abolition) Act 1970: - The Act provides for certain welfare
measures to be provided by the Contractor to contract labour and in case the Contractor fails
to provide, the same are required to be provided, by the Principal Employer by Law. The
principal Employer is required to take Certificate of Registration and the Contractor is
required to take license from the designated Officer. The Act is applicable to the
establishments or Contractor of Principal Employer if they employ prescribed minimum (say
20) or more contract labour.

f) Minimum Wages Act 1948: - The Employer is to pay not less than the Minimum Wages fixed
by appropriate Government as per provisions of the Act if the employment is a scheduled
employment. Construction of buildings, roads, runways is scheduled employment.

g) Payment of Wages Act 1936: - It lays down as to by what date the wages are to be paid,
when it will be paid and what deductions can be made from the wages of the workers.

h) Equal Remuneration Act 1979: - The Act provides for payment of equal wages for work of
equal nature to male and female workers and for not making discrimination against female
employees in the matters of transfers, training and promotions etc.54

i) Payment of Bonus Act 1965: - The Act is applicable to all establishments employing
prescribed minimum (say, 20) or more workmen. The Act provides for payments of annual

54
Section 3 – Annexure W

Page 76 of 190
 bonus within the prescribed range of percentage of wages to employees drawing up to the
prescribed amount of wages, calculated in the prescribed manner. The Act does not apply to
certain establishments. The newly set-up establishments are exempted for five years in
certain circumstances. States may have different number of employment size.

j) Industrial Disputes Act 1947: - The Act lays down the machinery and procedure for resolution
of industrial disputes, in what situations a strike or lock-out becomes illegal and what are the
requirements for laying off or retrenching the employees or closing down the establishment.

k) Industrial Employment (Standing Orders) Act 1946: - It is applicable to all establishments

employing prescribed minimum (say, 100, or 50). The Act provides for laying down rules
governing the conditions of employment by the Employer on matters provided in the Act and
gets these certified by the designated Authority.

l) Trade Unions Act 1926: - The Act lays down the procedure for registration of trade unions of
workmen and Employers. The Trade Unions registered under the Act have been given certain
immunities from civil and criminal liabilities.

m) Child Labour (Prohibition & Regulation) Act 1986: - The Act prohibits employment of children
below 14 years of age in certain occupations and processes and provides for regulations of
employment of children in all other occupations and processes. Employment of child labour is
prohibited in building and construction industry.
n) Inter-State Migrant Workmen’s (Regulation of Employment & Conditions of Service) Act
1979: - The Act is applicable to an establishment which employs prescribed minimum (say,
five) or more inter-state migrant workmen through an intermediary (who has recruited
workmen in one state for employment in the establishment situated in another state). The
Inter-State migrant workmen, in an establishment to which this Act becomes applicable, are
required to be provided certain facilities such as Housing, Medical-Aid, Travelling expenses
from home up to the establishment and back etc.55

55
Section 3 – Annexure W

Page 77 of 190
o) The Building and Other Construction workers (Regulation of Employment and Conditions of
Service) Act 1996 and the Cess Act of 1996: - All the establishments who carry on any building
or other construction work and employs the prescribed minimum (say, 10) or more workers
are covered under this Act. All such establishments are required to pay cess at the rate not
exceeding 2% of the cost of construction as may be modified by the Government. The
Employer of the establishment is required to provide safety measures at the building or
construction work and other welfare measures, such as canteens, first-aid facilities,
ambulance, housing accommodations for workers near the work place etc. The Employer to
whom the Act applies has to obtain a registration certificate from the Registering Officer
appointed by the Government.

p) Factories Act 1948: - The Act lays down the procedure for approval of plans before setting up
a factory, health and safety provisions, welfare provisions, working hours, annual earned
leave and rendering information regarding accidents or dangerous occurrences to designated
authorities. It is applicable to premises employing the prescribed minimum (say, 10) persons
or more with aid of power or another prescribed minimum (say, 20) or more persons without
the aid of power engaged in manufacturing process.56

56
Section 3 – Annexure W

Page 78 of 190
 SECTION 357
Conditions of Contract
Part – II Special Conditions of Contract [SCC]

Annexure 1- Additional Spl Condition I

Annexure 2- Additional Spl Condition II
Annexure 3- Special Condition
Annexure 4-

57
Section 3 –Part -II Special Condition of Contract (SCC)

Page 79 of 190
 SECTION 4
BILL OF QUANTITIES (BOQ)
General Description of work :-
Probable Amount of Contract:- (Rs. In Figure) :-
(Rs. In Words) :-

S. Particulars of Item of Quantity Unit Rate Amount Amount Remarks

No. Work (in figure) (in words)
I II III IV V VI VII VIII
1. --------Attached--------
2.

3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Total Amount (Rs. In Figure)

Total Amount (Rs. In Words) ____________________________________________58

Divisional Project Engineer

PWD PIU BALAGHAT

58
Section 4 – Bill of Quantities (BOQ)

Page 80 of 190
 59

SECTION 5
AGREEMENT FORM
AGREEMENT
This agreement, made on the _________________ day of ________________
between ___________________ (name and address of Employer) (hereinafter called " the Employer)
and____________________________________ (name and address of contractor) hereinafter called "the
Contractor" of the other part.
Whereas the Employer is desirous that the Contractor execute
________________________________________________________________ (name and identification
number of Contract) (hereinafter called "the Works") and the Employer has accepted the Bid by the
Contractor for the execution and completion of such Works and the remedying of any defects therein, at a
cost of Rs._________ ______________________________________________________________
NOW THIS AGREEMENT WITNESSED as follows:
1. In this Agreement, words and expression shall have the same meanings as are respectively assigned to
them in the conditions of contract hereinafter referred to and they shall be deemed to form and be
read and construed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter
mentioned, the Contractor hereby covenants with the Employer to execute and complete the Works
and remedy any defects therein in conformity in all aspects with the provisions of the contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying the defects wherein Contract Price or such other sum as
may become payable under the provisions of the Contract at the times and in the manner prescribed
by the Contract.
4. The following documents shall be deemed to form and be ready and construed as part of this
Agreement viz.
i. Letter of Acceptance
ii. Contractor's Bid
iii. Condition of Contract: General and Special
iv. Contract Data
v. Bid Data
vi. Drawings
vii. Bill of Quantities and
viii. Any other documents listed in the Contract Data as forming part of the Contract.
In witnessed whereof the parties there to have caused this Agreement to be executed the day and
year first before written.
The Common Seal of ____________________________________________ was hereunto affixed in
the presence of:
Signed, Sealed and Delivered by the said ____________________________
_________________________________________________________________ in the presence of:

Binding Signature of Employer _________________________________________

Binding Signature of Contractor _________________________________________60

59

5 – Agreement Form

Page 81 of 190
 Special Condition for Electrical Work in NIT
OFFICE OF THE DIVISIONAL PROJECT ENGINEER
PUBLIC WORKS DEPATMENT PIU JABALPUR
`NIT CONDITION AND SPECIAL CONDITION
TENDER DOCUMENT APPENDIX 2.10

1. The tender shall be called as on above/below percentage rates based on Electrical Schedule
of Rates of MPPWD in force from 01.4.2008 and amended upto date. The tenderer shall be
aware of the S.O.R. Items.
2. The work shall be carried out as per latest Central P.W.D. specification in force in MPPWD
from 1.4.2008
3. In case of material where I.S. mark is not allotted material should be chosen with the prior
approval of S.E. E/M CircleBhopal.
4. It the head quarter of the successful tenderer is at a place other than Jabalpur. they shall have
a duly authorized agent stationed at Jabalpur from the commencement of work until the work
is taken over by the department.
5. The work not found asper C PWD and IS specification. the same will be rejected.
6. The successful tenderer shall make his own arrangement for supply of material and requited
electricity for work.
7. The tenderer shall extend all reasonable facility and co-operation to the various other
agencies and contractors working at site simulataneously, so that the entire work can be
processed smoothly for successful completion.
8. The tenderer shall have to arrange all facility for the inspection of the work and to arrange for
the approval of the work from authorized Govt. agencies.
9. The successful tenderer shall make his own arrangements for transport of all materials. The
department will not be responsible to arrange for priority for getting wagon for material.
10. The installation shall be tested on completion of the work by the contractor in the presence of
the Assistant Engineer E/M or his representative and his remark recorded in the completion
certificate.. The completion certificate will be given by the contractor to the Divisional Project
Engineer,PWD PIU.
11. The work as described as specified as shown as directed as approved or as required shall be
meant, as described in specification, schedule of quantities and other tender documents and
as directed or approved by Engineer-In-Charge.
12. In addition to all the conditions of the tender notice these special condition will be binding on
the contractor and shall form part of the agreement to be executed by the contractor in
addition to the condition of the contractor in the prescribed form.
13. Nothing extra shall be payable for following above conditions other than the rates in SOR
Plus/Minus contractor tender rate. Payment shall not be released before the grant of
extension if required.
14. The contractor taking part in the tender should have valid and suitable electrical contractors
license issued by the authorized agency of the state of Madhya Pradesh. Or else the
successful contractor can sublet the work on the whole to such a contractor who possesses
valid contractor license.
15. Successful contractor shall employ workers who shall have valid wiremens license. They will
always keep the license with them and shall compulsorily produce their license whenever
asked to do so.
16. The contractor will furnish test report for charging of whole electrical installation. It will be
responsibility of the contractor to follow indian electricity act. All necessary facilities will be
provided by the contractor for inspection of work by other govt. agencies.

Divisional Project Engineer

PWD PIU BALAGHAT

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 unworkable

unworkable rates
additional performance
guarantee Additional Special
condition
more
than ten percent below unworkable rates

unworkable rates
agreemented amount cost of PAC @10
percent below SOR additional performance
guarantee
unworkable rates additional
performance guarantee letter of acceptance

earnest money/ contact performance guarantee

unworkable rates
additional performance guarantee
unworkable rates
additional performance guarantee

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”

” II

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 Tolerance Limit

below

below
below

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pp

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