STANDARD BIDDING DOCUMENT

PROCUREMENT OF CIVIL
WORKS
COMPLETE BIDDING DOCUMENT
Contrction of Class room in Primary School @ Pankhri Ta.Uchchhal
Dist.Tapi.

GOVERNMENT OF GUJARAT R&B DEPARTMENT

This is ageneric SBD to beused for civil works. Each user/concern department need
stoexamine and put up their particular bidding requirement like; qualification criteria,
contract Data etc., marked at [#] while finalizing the irown bidding process.

Executive Engineer
Panchayat (R & B) Division
Tapi-Vyara
 Index

Sr. Secton Description Page No.

No.
1 Invitation for Bid (IFB) 3
2 Section -1 Instructions to Bidders 6
3 Section -2 Qualification Information 27
4 Section -3 Conditions of Contract 35
5 Section -4 Contract Data 63
6 Section -5 Technical Specification 72
7 Section -6 Form of Bid 73
8 Section -7 Bill of Quantities 76
9 Section -8 Securities and Other Forms 79
10 Section -9 Drawings 91
11 Section -10 Documents to be furnished by Bidder 92

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 INVITATION FOR BID (IFB)

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 NATIONAL COMPETITIVE BIDDING

1. The Executive Engineer,Panchayat (R&B) Division, Tapi. invites bids for the construction of
works detail edit the table.
The bidders may submit bids for any or all of the following works.

TABLE

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

No. Value of works (Rs.)1% document completion Registration /
(Rs.) Tender Fee Category of
contractor if
required
Single Contrction of 2143058.16 22000/- 900/- 9 Months E1 CLASS
Class room in Building and
Above
Primary School @
Pankhri
Ta.Uchchhal
Dist.Tapi.

2. Prospective / Interested bidder maydownload the Bid Documents from web site
https://Tender.nprocure.com free of cost till the Time and Date as mentioned on online NIT at
web site https://Tender.nprocure.com. #
3. However, Bidder who is submitting the Bid Online will have to pay the Bid Document Fee /
Tender Fee through Demand Draft only of any Schedule Bank payable at Panchayat
(R&B) Division and in favour of ‘Executive Engineer, Panchayat (R&B) Division,Tapi. Once
the Bid is received online, Bid Document / Tender Fee will not be refundable.
The Demand Draft for Bid Document / Tender fee and FDR / Bank Guarantee against Bid
Security / EMD shall be submitted in electronic format through online (by scanning) while up
loading the bid, this submission shall mean that bid document / tender fee and Bid Security / EMD
has been received. Accordingly, the of ferof only those shall be opened whose Bid Document /
Tender Fee and Bid Security / EMD have been received electronically. However, for the purpose
of realization of Demand Draft, and FDR / Bank Guarantee bidder shall send the same in original
through R.P.A.D. so as to reach to # ‘Executive Engineer, Panchayat (R&B) Division, Tapi.’
with in 7 Days from the last day of bid submission.
Penalta tiveaction for not submitting Demand Draft / FDR / Bank Guarantee in original
to Executive Engineer / Tender Inviting Authority by bidder shall be initiated.
4. Bid sreceived online, will be opened on the time, date and place as specified in the online NIT at
web site https://Tender.nprocure.com in the presence of the bid dersor their authorized
representatives, who wish to re main present. If the office happens to be closed on the day of
opening of the bidsas specified, the bids will be opened on the next working day at the same time
and venue.
5. A pre bid meeting will be held on -- at -- hrs. at the office of -- to clarify the issues and to
answer questions on any matter that may be raised at that stage as stated in clause 9.2 of‘ in
structions to Bidders’ of the bidding documents.
6. # Bid Security (EMD) is equal to 1% of Estimated Amount put to bid / tender and should be
rounded off to the next thousand rupees.
7. Other Information is as under:
A. Agencie scan prepare and edit their offers anumber of times be for etheend of the tender
submission date and time. After the tender submission date and time, the bidder can not modify /
edit / with draw their submitted offer in any case. No written or online request in this regard shall
be granted.
B. Offers in physical form will not be acceptedin any case.

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 C. Demand Draft purchased by the other then bidder and issued after the last date of submission of
Bids, will not be considered or accepted.
D. The cost in curred by the contractor for this offer for clarification or attending discussion,
conferences or site visits will not be reimbursed by the Employer or Engineer-in-Charge.
E. Conditional tender shall not be accepted.
F. Any changes, addition, alternation made in the prescribed form attached with tender are liable to
be rejected.
G. Any change in format or conditional Bank Guarantee will not be accepted and the bidder will be
considered non-responsive.
H. All the bidders are instructed to fill in information strictly in accordance with the format given in
the check list / qualification document / tender document.
I. It is mandatory for the bidders to supply each and every in formation as asked strictly in electronic
format at appropriate places only.
J. Blank / in sufficient information shall be treated as nil information and shall result in
disqualification.
K. Even if the bidder has been qualified in asimilaror larger size of project in the past, its hall not be
deemed to be a ground / reason for not giving required in formation for this work / bid.
L. Information supplied for earlier projects shall not be considered while evaluation of this bid. The
Government will not ask for any other information, unless it is found absolutely necessary by the
competent authority.
M. If found necessary, the contractor will be in timated for negotiation, # for the works costing up to
7.5 crore (ROAD), 7.0 crore (BUILDING & BRIDGE) kindly refer to SSR-10-2015-17-C
dated 03-02-2017
For the works costing under 7.5 crore for Road Works and 7.0 crore for Building and
Bridge Works following documents shall be submitted in electronic format only through online by
scanning and the (i) Bid Document Fee / Tender Fee (ii) Bid Security / EMD should be sent in
original to the Tender opening authority through RPAD, so as to reach the Executive Engineer
within 7 days from last day of submission of Bid.

(i) Bid Document Fee / Tender Fee

(ii) Bid Security / EMD or Valid EMD Exemption Certificate of Appropriate Class of
Registration of Approved Contractors
(iii) Registration Certificate of Appropriate Class
(iv) Registration Certificate of Special Category-Road / Bridge / Building and Category I / II /
III building Above if required
(v) GST Number
(vi) Work Experience, if necessary.
(vii) Other Documents, as required.

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 SECTION - 1
INSTRUCTIONS TO BIDDERS (ITB)

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 Section 1: Instructions to Bidders
Table of Clauses

Page No. Page

No. A. General D. Submission of Bids
1. Scope of Bid 8 19. Sealing & Marking of Bids 18
2. Source of Funds 8 20. Dead line for Submission of 18
Bids
3. Eligible Bidders 8 21. Late Bids 18
4. Qualification of the 8 22. Modification and 18
Bidder Withdrawal of Bids
5. One Bid per Bidder 12
6. Cost of Bidding 12 E. Bid Opening and Evaluation
7. Site Visit 12 23. Bid Opening 19
24. Process to be Confidential 20
B. Bidding Documents 25. Clarification of Financial 20
Bids
8. Content of Bidding 13 26. Examination of Bids and 20
Documents Determination of
Responsiveness
9. Clarification of Bidding 13 27. Correction of Errors 20
Documents
10. Amendment of Bidding 14 28. Deleted 21
Documents
29. Evaluation and Comparison 21
Of Financial Bids
C. Preparation of Bids 30. Deleted
21
11. Language of Bid 15
12. Documents Comprising 15 F. Award of Contract
the Bid
13. Bid Prices 15 31. Award Criteria 22
14. Currencies of Bid and 16 32. Employer’s Right to Accept 22
Payment any Bid and to Reject any
or all Bids
15. Bid Validity 16 33. Notification of Award and 22
Signing of Agreement
16. Bid Security 16 34. Performance Security 22
17. Alternative Proposals By 17 35. AdvancePayment and 23
Bidders Security

18. Format and Signing of Bid 17 36. Dispute Review Expert 23

37. Correct or Fraudulent 23
Practices

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 A. GENERAL

1. Scope of Bid
1.1 The Employer (Named in Appendix to ITB) invites bids for the Construction of works (as
defined in these documents and referred to as ‘the works”) detailed in the table given in
IFB. The bidders may submitbids for any or all of the works detailed in the table given in
IFB.
1.2 The successful bidder will be expected to complete the works by the in tended completion
date specified in the Contract data.

1.3 Through out these bidding documents, the terms ‘bid’ and ‘tender’ and their derivatives
(bidder / tenderer, bid / tender, bidding / tendering, etc.) are synonymous.
2. Source of Funds
2.1 The expenditure on this project will be met from the budget of Govt. of Gujarat / Govt. of
India for centrally sponsored projects.
3. Eligible Bidders
3.1 This Invitation for Bids is open to all eligible bidders.
3.2 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a
statement that the Bidder is neither associated, nor has been associated, directly or
indirectly, with the consultant or any other entity that has prepared the design,
specifications, and other documents for the Project or being proposed as Project Manager
for the Contract. A firm that has been engaged by the Employer to provide consulting
services for the preparation or supervision of the works, and any of its affiliates, shall not
beeligible to bid.
4. Qualification of the Bidder
4.1 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a
preliminary description of the proposed work method and schedule, including drawings
and charts, as necessary. The proposed methodology should include a program of
construction backed with equipment planning and deployment duly supported with broad
calculations and quality assurance procedures proposed to be adopted justifying their
capability of execution and completion of work as per technical specifications, within
stipulated period of completion.
4.2 Deleted
4.3 Deleted
4.4 Deleted

4.5 QUALIFICATION CRITERIA:

(Applicable for the works which require Post Qualification)
4.5.1 Qualification will be based on Applicant’s meeting all the following minimum pass /
failcriteriare garding the Applicant’s general and particular experience, personnel and
equipment capabilities and financial positions, as demonstrated by the applicant’s
responses in the forms attached to the letter of application (specified requirement for joint
ventures are given under para 4.6 below) Sub contractors experienceand resources shall
not be taken in to accountind etermining the applicants compliance with the qualifying
criteria To qualify for more than one contract, the applicant must demonstrate having
experience and resources sufficient to meet the aggregate of the qualification criteria for
each contract given in para graphs 4.5. 4,4.5.5 and 4.5.9 below
4.5.2 Base year and Escalation
The base year shall be taken as Current financial year
Following enhancement factors will be used for the costs of works executed and the
financial figure to a common basevalue for works completed in India.
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 Year Financial Year Enhancement factor
Base (year of inviting tender) 2023-24 1.0
-1 2022-23 1.1
-2 2021-22 1.21
-3 2020-21 1.33
-4 2019-20 1.46
-5 2018-19 1.61

Applicant should indicate actual figures of costs and amount for the works executed by
them without accounting for the above-mentioned factors.
Incase the financial figures and value of completed works are inforeign currency
the above enhanced multiplying factors will not be applied. Instead, the current market
exchangerate (State Bank of India BCS elling rateason the last date of submission of the
bid) will be applied for the purpose of conversion of the amount in foreign currency in to
India rupees.

4.5.3. General Experience.

The Applicant shall meet with the following minimum criteria :
(a) Achieved aminimum annual financial turn over (defined as billing for works in progress
and completed in all classes of civil engineering construction works only) in any one
year, over the last five years of the annual value of contract/ contracts applied for.
(b) Experience in successfully completing or sub stantially completing at leas tone contract
of high way (road and / or bridge works) airport runway of atleast 40 percent of the
value of proposed contract within the last five years.
The works may have been executed by the applicantas prime contractor or a
samember of a joint venture or as anominated sub-contractor. Assub contractor, he
should have acquired the experience of execution of all major items of works under the
proposed contract. Incasea project has been executed by a joint venture; weight to
wards experience of the project would begiven to each joint venture in proportion to
their financial participation in the joint venture.
Sub stantially completed works means those works which are atleast 90%
completed as on the date of submission (i.e. gross value of work done upto the last date
of submission is 90% or more of the original contract price) and continuing
satisfactorily.
For these, acertificate from the employers shall be submitted along with the
application in corporating clearly the name of the work, contract value, billing amount,
date of commencement of works, satisfactory performance of the contractor and any
other relevant information.

4.5.4. Personnel Capabilities.

Availability for his work of personnel with a dequate experience as required; as per
Appendix.

4.5.5. Equipment Capabilities

Based on the studies carried out by the Engineer, the minimums uggested major
equipment to attain the completion of works in accordance with the prescribed
construction schedule is shown in the Appendix.

The bidders should, however, under take their ownstudiesand furnish with their
bid, a detailed construction planning and methodology supported with layout and
necessary drawings and calculations to allow the employer to review their proposals. The
numbers, types and capacities of each plant / equipment shall be shown in the proposals
along with the cycle time for each operation for the given production capacity to match
there quirements.

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 4.5.6. FinancialPosition
The Applicant should give under taking that he has saccess to, or has available, liquidas sets
(aggregate of working capital, cash in hand and uncommitted bank guarantees) and / or credit
facilities up to 25 percent of the value of the contract / contracts applied.

4.5.7. The audited balance sheets for the last five years should be submitted, which must demonstrate
the soundness of the applicant’s financial position, showing long–term profitability including
anestimated financial projection for the next two years If necessary, the employer will make
inquiries with the applicant’s bankers.

4.5.8. Litigation History

The Applicant should provide accurate information on any litigation or arbitration
resulting from contracts completed or under execution by him over the last five years. A
consistent history of awards against the Applicant or any partner of a joint venture may result in
failure of the applicant.

4.5.9. Disqualification
Even though the applicants meet the above criteria, they are subject to be
disqualified if they have:
Made mis leading or false representation in the forms, statements submitted, and / or
Record of poor performance such as abandoning the work, rescinding of contract for
which the reasons are attributable to then on–performance of the contractor; consistent
history of litigation awarded against the applicant or financial failure due to bankruptcy.
The rescinding of contract of a joint venture on account of reasons other than non–
performance, such as Most Experienced partner of joint venture pulling out,
courtdirections leading to breaking up of a joint venture before the start of work, which are
not attributable to the poor performance of the contractor will, however, not affect the
qualification of the individual partners.

# 4.6 JOINT VENTURE: (Maximum 3 Members i.e. 1 Lead & 2 others) (Applicable only
for estimated project cost of 50 Crore and above)
4.6.1. Joint ventures must comply with the following requirement: (a) Following are the
minimum qualification requirements:
(i) The lead partner shall meet not less than 50 percent of all criteria given in para 4.5.3 &
4.5.6 above. The joint venture must collectively satisfy the criteria of para 4.5.3 & 4.5.6
above. The experience of the other joint venture partners shall be consideredifitis not
less than 30 percent of the qualifying criteria in para 4.5.3 & 4.5.6 above.
(ii) Individually each member must satisfy the requirements of para 4.5.7 & 4.5.8 above.
(b) Bid shall be signed so as legally bind all partners, jointly and severally, and shall be
submitted with a copy of the joint venture agreement providing the joint and several
liabilities with respect to the contract.
4.6.2. Qualification of a joint venture does not necessarily qualify any of its partners
individually or as a partner in any other joint venture. Incase dissolution of a joint
venture, each one of the constituent firms may qualify if they meet all the qualification
requirements, subject to the written approval of the Employer.

4.7. Bid Capacity.

Applicants who meet the minimum qualification criteria will be qualified only if their
available bid capacity at the expected time of bidding is more than the total estimated
cost of the works. The available bid capacity will be calculated as under:

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

A = Maximum value of work executed in any one year during the last five years
(updated to the price level of the year indicated in appendix) taking into account
the completed as well as works in Progress.
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 B = Value at current price level of the existing commitments and on going works to
be completed during the next (period of completion of work for which bids
areinvited); and

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

Note: - In Case of joint venture, the available bid capacity will be applied for each
partner to the exten to this proposed participation in the execution of the
work.

4.8 Even though the bidders meet the above qualifying criteria, the yare subject to be
disqualified if they have:

- Made mis leading or false representation in the forms, statements and Attachments the
submitted in proof the qualification requirements; and / or
- Record of poor performance such as abandoning the works, not properly completing the
contract, in or date delay in completion, litigation history, or financial failures etc.; and /
or
- Participated in the previous bidding for the same work and had quoted unreasonably
high bid prices and could not furnishrational justification to the employer.

5. One bid per bidder

5.1. Each bidder shall submit only one bid for one package. A bidder who submits or
participates in more than one bid (other than ASAP sub contractor or in cases of
alternatives that have been permitted or requested) will cause all the proposals with the
bidder’s participation to be disqualified.

6. Cost of Bidding
6.1. The bidder shall be arall costs associated with the preparation and submission of his
Bid and the Employer will in no case are responsible and liable for those costs.
7. Site Visit

7.1. The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit and examine
the Site of work and its surrounding and obtainallin for mation that may be necessary for
preparing the Bid and entering in to a contract for construction of the Works.
The costs of visiting the site shall be at the Bidder’s own expense.

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 B. BIDDING DOCUMENTS

8. Content of Bidding Documents

8.1 The set of bidding documents comprises the documents listed below and addenda issued
in accordance with Clause10:
Section Particulars VolumeNo.
- Invitation for Bids
1 Instructions to Bidders I
2 Qualification Information, and other forms
3 Conditions of Contract
4 Contract Data
5 Technical Specifications II
6 Form of Bid III
7 Bill of Quantities
8 Securities and other forms
9 Drawings IV
10 Documents to be furnished by bidder V
8.2. Volumes I, II, III and IV are available on line and documents to be furnished by the bidder
in compliance to section 2 will be prepared by himand furnished as Volume- V in two
parts (refer clause 12).

8.3. The bidder is expected to examine care fully all instructions, condition soft contract,
contract data, forms, terms, technical specifications, bill of quantities, forms, Annexes and
drawings in the Bid Document. Failure to comply with the requirements of Bid Documents
shall be atthe bidder’s own risk. Pursuant to clause 26 here of, bids which are not sub
stantially responsive to the requirements of the Bid Documents shall berejected.

9. Clarification Bidding Documents

9.1 A prospective bidder requiring any clarification of the bidding documents may notify the
Employer in writing or through E-mail at the Employer’s address indicated in the
invitation to bid. The Employer will respond to any request for clarification which he
received earlier than 15 days prior to the dead line for submission of bids. Employer’s
response will be published on web site including a description of the enquiry but without
identifying its source.

9.2. Pre-bid meeting

9.2.1. The bidder or his official representative is invited to attend a pre-bid meeting which will
take place at the address, venue, time and date as indicatedin the appendix.

9.2.2. The purpose of the meeting will be to clarify issues and to answer questions on any
matter that may be raised at that stage.

9.2.3. The bidder shall be required to submit any questions in writing or e-mail to reach the
Employer not later than 03 days be fore the meeting.
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 9.2.4 Minutes of the meeting, including the question rose (with out identifying the source of
enquiry) and there sponses given will be published without delay on the tender website
i.e. www.nprocure.com. Any modification of the bidding documents listed in sub-Clause
8.1 which may be come necessary asaresult of the pre-bid meeting shall be made by the
Employer exclusively through the issue of an Addendum pursuant to Clause 10 and not
through the minute soft the pre-bid meeting.

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

10. Amendment of Bidding Documents

10.1 Before the dead line for submission of bids, the Employer may modify the bidding
documents by issuing addenda.

10.2. Any addendum thus issued shall be part of the bidding documents. The Employer will
assume no responsibility for the same.

10.3. To give prospective bidders reasonable time in which to take addendum in to account in
preparing their bids, the Employer may, at his discretion, extend as necessary the dead
line for submission of bids, in accordance with Sub-Clause 20.2 below.

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 C. PREPARATION OF BIDS

11. Language ofthe Bid

11.1 All documents relatingto the bidshall bein theEnglish language.

12. Documents Comprising the Bid

12.1. The bid be submitted by the bidderas Volume Vof the bid document (refer Clause 8.1) shall
bein two separate parts:

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

(i) Bid Security in the form specified in Section 8

(ii) Qualification Information and supporting documents as specified in Section 2
(iii) Certificates, under takings, affidavits as specified in Section 2
(iv) Any other information pursuant to Clause 4.5 of these instructions
(v) Under taking that the bid shall remain valid for the period specified in Clause 15.1
Part - II shall be named “Financial Bid” and shall comprise

(i) Form of Bid as specified in Section 6

(ii) Priced Bill of Quantities for items specified in Section 7

12.2. The Bidder shall submit the details / information pertaining to each part i.e. technical as
well as financial and must be submitted online only.

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

Section Particulars VolumeNo.

Invitation for Bids (IFB)

1 Instruction to Bidders Volume I
3 Conditions of Contract
4 Contract Data
5 Specifications Volume II
9 Drawings Volume IV

13. Bid Prices

13.1 The Contract shall befor the whole works as described in Sub-Clause 1.1, based on the
priced Bill of Quantities submitted by the Bidder.

13.2 The bidder shall fill in rates and prices and line item total (both in figures and words) for
all items of the Works describedin the Bill of Quantities along with total bid price (Both in
figures and words). Items for which no rate or price is entered by the bidder will not be
paid for by the Bill of Quantities.

13.3 All duties, taxes, and other levied except GST payable by the contractor under the contract,
or for any other cause shall be included in the rates, prices and total Bid Price submitted by
the Bidder. (GST will be paid extra)

13.4 Deleted

13.5 The rates and prices quoted by the bidder are subject to adjustment during the performance
of the Contract In accordance with the provisions of Clause 47 of the Condition of Contract
(Irrespective of the time limit and Bid Amount)
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 14. Currencies of Bid and Payment
14.1 The unit rates and the prices quoted by the bidder shall be entirely in Indian Rupees. All
payments shall be made in Indian Rupees.

15. Bid Validity

15.1 Bids shall remain valid for aperiod of not less than 120 days after the dead line date for bid
submission specified in Clause 20.

15.2 In exceptional circum stances, prior to expiry of the original time limit, the Employer may
request that the bidders may extend the period of validity for a specified period. A bidder
may refuse the request without for feiting his bid security. A bidder agreeing to the request
will not be required or permitted to modify his bid, but will be required to extend the
validity of his security for a period of the extension, and in compliance with Clause 16 in
all respects.

# 16. Bid Security

16.1. The Bidder shall furnish, as part of his Bid, a Bid security in the amount as shown in
column 4 of the table of IFB for this particular work. This Bid security shall be in favor of
Employeras named in Appendix and maybe in one of the following forms;
a. Bank Guarantee from any scheduled Indian bank, in the format given in

Volume III. (Bank Guarantee is applicable only for Bid Estimated Amount of 01 Crore and above)
and Bank Guarantee of Schedule and Private Banks shall be considered as per GoG Finance
Department’s Circular No. FD / MSM / e- file/ 4 / 2023 / 0057 / D.M.O. Date 21 / 04 / 2023 or as
per the latest amendment.

b. Fixed Deposit Receipt issued by any Scheduled Indian Bankora foreign Bank approved by
the Reserve Bank of India.
OR
A. Valid Bid Security / EMD Exemption Certificate issued by
(1) Road & Building Department or
(2) Narmada Water Resources, Water Supply and Kalpsar Department of Govt of Gujarat. Exemption
Certificate is applicable only when Registration Certificate of Appropriate Class and
Category of Approved Contractors is required eligible criteria of bidder.

16.2. Bank guarantees (and other instruments having fixed validity) issued assurety for the bid
shall be valid for 45 days beyond the validity of the bid i.e. total validity of 120 + 45 =165
Days

16.3. Any bid not accompanied by an acceptable Bid Security and not secured as indicated in
Sub – Clauses 16.1 and 16.2 above shall be rejected by the Employeras non - responsive.

16.4. The Bid Security of unsuccessful bidders will be returned within 28 days of the end of the
bid validity period specified in Sub-Clause 15.1

16.5 The Bid Security of the successful bidder will be discharged when the bidder has signed
the Agreement and furnished the required Performance Security.

16.6. The bid Security may befor feited

(a) If the Bidder with draws the bid after Bid opening uring the period of Bid validity.
(b) If the Bidder does not accept the correction of the Bid Price, if any or

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 (c) In the case of a successful Bidders, if the Bidder fails the specified time limit to
(i) Sign theAgreement; or
(ii) Furnish the requirement Performance Security.
(d) # If found necessary, the bidder will be intimated for negotiation, He will be intimated maximum
three times within the validity period for negotiation, If contractor does not respond in time, his Bid
Security (EMD) will befor feited and his tender will be rejected. Punitive action will be taken on
such contractors. (As per GoG R&B Dept’s Gr. No. S / 22 / 2017 / 6369 / D, Dt.08/06/2018)

17. Alternative Proposalsby Bidders.

17.1. Bidders shall submit offers that fully comply with there quirements of the bidding
documents, including the conditions of contract (including mobilization advance or time
for completion), basic technical design as indicated in the drawing and specifications.
Conditional of personal alternative offers will not be considered further in the process of
tender evaluation.

18. Format and Signing of Bid

18.1. The Bidder shall prepare documents comprising the bidas described in Clause 12 of these
Instructions to bidder as the “Technical Bid “and “Financial Bid” inseparate parts to be
uploaded.

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 D. SUBMISSION OF BIDS

19. Deleted

20. Deadline for Submissionof the Bids

20.1. Complete Bids must be received online by the Employer at the tender website specified
above not later than the date indicated in appendix.

20.2. The Employer may extend the deadline for submission of bids by issuing an amendment in
accordance with Clause 10, in which case all right and obligation of the Employer and the
bidders previously subject to the original deadline will thenbe subject to the new deadline.

21. Deleted
22. Modification and Withdrawal of Bids
22.1. Bidders may modify or withdraw their bids online before the deadline prescribed in Clause
20 or pursuant to Clause 23.

22.2 Deleted

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

22.4. Withdrawal or modification of a bid between the deadline for submission of bids and the
expiration of the original period of bid validity specified in Clause 15.1 above or a sextende
dpursuant to Clause 15.2 may result in the for feature of the Bid security pursuant to Clause
16.

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 E. BID OPENING AND EVALUATION
23. Bid Opening
23.1 The Employer will open all the Bids received including modifications made pursuant to
Clause 22, in the presence of the Bidders or the irrepresentatives who choose to attend
attime, date and the place specified in Appendix in the manner specified in Clauses 20 and
23.3, In the even to the specified date of Bid opening being declared a holiday for the
Employer, the Bids will be opened at the appointed time and location on the next working
day.

23.2. Deleted.

23.3. The “Technical Bid” shall be opened. The amount, form and validity of the bid security
furnished with each bid will be announced. If the bid security furnished does not conform to
the amount and validity period as specified in the invitation for bid (ref. Column 4 and
paragraph 3), and has not been furnished in the form specified in Clause 16, the technical bid
will not be opened.

23.4. (i) Subject to confirmation of the bid security by the issuing Bank, the bids
accompanied with valid bid security will be taken up for evaluation with respect to the
Qualification information and other information furnished in part-I of the bid pursuant to
Clause 12.1.
(ii) If required, the bidder will be asked in writing to clarify his Qualification Documents
with respect to any required clarification.
(iii) The bidders will respond in not more than 7 days of issue of the clarification letter.
(iv) Immediately (usually within 3 or 4 days), on receipt to these clarification the
Evaluation Committee will finalize the list of responsive idders whose financial bids are
eligible for consideration.

23.5. Deleted

23.6 At the time of opening of “Financial Bid”, the name so the bidders were found responsive in
accordance with Clause 23.4 (iv) will be announced. The bids of only these bidders will be
opened. There sponsive Bidders’ names, the Bid prices, the total amount of each bid, any
discountand such other details as the Employer may consider appropriate, will be announced
by the Employer at the opening.

23.7 The time of opening of “Financial Bid”, the names of the bidders were found responsive in
accordance with Clause 23.4 (iv) will be announced. The bids of only these bidders will be
opened. The responsive Bidders’ names, the Bid prices, the total amount of each bid, any
discount, and such other details as the Employer may consider appropriate, will be
announced by the Employer at the opening.

23.8 In case bids are invited for more than one package, the order for opening of the “Financial
Bid” shall bein order of estimated amount of Bids from highest to lowest.

23.9 The Employer shall prepare minutes of the Bid opening, including the information dis closed
to those present in accordance with Sub – Clause 23.6.

Sign.of the Contractor Sign. of the Executive Engineer 18

 24 Process to be Confidential
24.1 Information relating to the examination, clarification, evaluation, and comparis on of Bids
and recommendations for the award of a contract shall not be disclosed to Bidders or any
other persons not officially concerned with such process until the a ward to the successful
Bidder has been announced. Any effort by Bidder to in fluence the Employer’s processing
of Bid so raward decisions may result in the rejection of his Bid.

25. Clarification of Financial Bids

25.1. To assist in the examination, evaluation, and comparison of Bids, the Employer may, a this
discretion, ask any Bidder for clarification of his Bid, including break downs of unit rates.
There quest for clarification and there sponse shall be in writing or by e-mail, but no change
in the price or sub stances of the Bid shall besought, offered, or permitted except as required
to confirm the correction of arithmetic errors discovered by the Employer in the evaluation
of the Bids.

25.2 Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating to
his Bid opening to the contractis awarded. If the Bidder wishes to bring additional
information to the notice of the Employer, it should do so in writing.

25.3. Any effort by the Bidder to in fluence the Employer in the Employer's bid evaluation, bid
comparison or contract a ward decision may result in the rejection of the Bidders’ bid.

26. Examinations of Bids and Determination of Responsiveness

26.1 During the detail evaluation of "Technical Bid", the Employer will determine whe the reach
Bid (a) meets the eligibility criteriade finedin Clause 3 and 4; (b) has been properly signed;
(c) is accompanied by the required securities and; (d) is sub stantially responsive to the
requirements of the Bidding document. During the detailed evaluation of the “Financial
Bid”, the responsivenes soft he bids will be further determined with respectto the remaining
bid conditions, i.e., priced bill of quantities, technical specifications, and drawings.

26.2 A sub stantially responsive “Financial Bid” is one which confirms all the terms, conditions
and specifications of bidding documents, without material deviation or reservation. A
material deviation or reservation is one (a) which affectsin any sub stantial way the scope,
quality, or performance of the Works; (b) which limits in any substantial way, in consistent
with the Bidding documents, the Employer’s rights or the Bidder’s obligations under the
Contractor (c) whosere ctification would affect unfairly the competitive position of other
Bidders presenting sub stantially responsive Bids.

26.3 If a “Financial Bid” is not sub stantially responsive, it will be rejected by the Employer, and
may not sub sequently be made responsive by correction or with drawal of the non-
conforming deviation or reservation.

27. Deleted

28. Deleted

29. Evaluation and Comparison of Financial Bids

29.1. The Employer will evaluate and compare only the Bids determined to be substantially
responsive in accordance with Sub-Clause 26.2.

29.2. Deleted.

Sign.of the Contractor Sign. of the Executive Engineer 19

 29.3. The Employer reserves the right to accept or reject any variation or deviation. Variation and
deviation sand other factors, which are in excess of the requirements of the Bidding
documents or otherwise result in unsolicited benefits for the Employer, shall not betaken in
to account in Bidevaluation.

29.4. The estimated effect of the price adjustment condition sunder Clause 47 of the Condition so
Contact, during the period of implementation of the Contract, will not betaken in to account
in Bid evaluation.

29.5. If the Bid of the successful Bidder is seriously un balanced in relation to the Engineer’s
estimate of the cost of work to be performed under the contract the Employer may require
the Bidder to produced etailed consistency of those prices with the construction methods and
schedule proposed. After evaluation of the price analyses, the Employer may require that the
amount of the performance security set for thin Clause 34 be increased at the expense of the
successful / bidder to a level sufficient to protect the Employer against financial loss in the
event of default to the successful Bidder under the Contract.

29.6. A bid which contains several items in the bill of Quantities which are unrealistically priced
low and which cannot be substantiated satisfactorily by the bidder may be rejected non-
responsive.

30. Deleted

Sign.of the Contractor Sign. of the Executive Engineer 20

 F. AWARD OF CONTRACT

31. Award Criteria

31.1. Subject to Clause 32, the Employer will award the contract to the Bidder whose Bid has been
determined.
(i) To be substantially responsive to the Bidding documents and who has of fered the lowest
evaluated Bid Price; and
(ii) To be with in the available bid capacity adjusted to account for his bid price which is the
lowest evaluation in any of the packages opened earlier than the one consideration. Innocase,
the contract shall beawarded to any bidder whose available bid capacity is less than the
evaluated bid price, even if the said bid is the lowest evaluated bid. The contract will in such
casesbeawarded to the next lowest bidder at his evaluation bid price.

32. Employer’s Right to accept any Bid and to Reject any or all Bids
32.1. Not with standing Clause 31, the Employer reserves the right to acceptor reject any Bid, and
to cancel the Bidding process sand rejectall Bids, at any time prior to the award of contract,
without there by in curring any liability to the affected bidder or Bidder or any obligation to
inform the affected Bidder or Bidders of the grounds for the Employer’s action.

33. Notification of Award and Signing of Agreement

33.1. The Bidder whose Bid has been accepted will be notified of the award by the Employer prior
to expiration of the Bid validity period by cable, telex or facsimile confirmed by registered
letter. This letter (here in after and in the condition of contract called the “Letter of
Acceptance”) will state the sum that the Employer will pay the Contractor in consideration of
the execution, completion, and maintenance of the Works by the Contractor as prescribed by
the Contract (here in after and in the Contract called the “Contract Price”).

33.2 The notification of award will constitute the formation of the contract, subject only to the
furnishing of a performance security in accordance with the provisions of Clause.

33.3. The Agreement will incorporate all agreements between the Employer and the successful
Bidder. It will be signed by the Employer and to the successful Bidder, within 28 days
following the notification of award along with the Letter of Acceptance. Within 21 days of
receipt, the successful Bidder will sign the Agreement and deliver it to the Employer.

33.4. Up on the furnishing by the successful Bidder of the Performance Security, the Employer
will promptly notify the other Bidders that their Bids have been unsuccessful.

34. Performance Security

34.1. (A) Within 10 (Ten) days of receipt of Letter of Acceptance, the successful Bidder shall
furnish to the Employer anirrevocable and unconditional guarantee format Bank in the form
set forth in Section 8 (the “Performance Security”) for an amount equal to 3% (Three
percent) of its Contract Price. In case of bids mentioned below, the successful Bidder, along
with the Performance Security, shall also furnish to the Authority anirrevocable and
unconditional guarantee froma Bank in the same form given at Section 8 to wards an
Additional Performance Security (The “Additional Performance Security”) for an amount
calculated as under:
(a) If the Contract Price of fered by the Selected Bidder is lower than 10% but upto 20% of the
Estimated Project Cost, then the Additional Performance Security shall be calculated @ 20%
of the difference in the (i) Estimated Project Cost (as mentioned in Bid Document)- Minus
10 % of the Estimated Project Cost and (ii) Contract Price of fered by the selected Bidder.
(b) If the Contract Price of fered by the Selected Bidder is lower than 20 % of the Estimated
Project Cost, then the Additional Performance Security shall be calculated @ 30 % of the
difference in the (i) Estimated Project Cost (as mentioned in Bid Document) – Minus 10 %
of the Estimated Project Cost and (ii) Contract Price of fered by the selected Bidder.

Sign.of the Contractor Sign. of the Executive Engineer 21

 (c) This Additional Performance Security shall be treated as part of the Performance Security.
(B) The Performance Security shall be valid beyond 60 (sixty) days of the Defects Liability
Period and the Additional Performance Security shall be valid beyond 28 (twenty-eight) days
of Project Completion Date.

34.2. If the performance security is provided by the successful Bidder in the form of a Bank
Guarantee, it shall be issued either (a) at the Bidder’s option, by a Nationalized / Scheduled
Indian bank or (b) by a foreign bank located in India and acceptable to the Employer. As per
GoG Finance Department’s Circular No. FD / MSM / e-file / 4 / 2023 / 0057 / D.M.O. Date
21/04/2023 or as per their latest a mendment.

34.3. Failure of the successful Bidder to comply with the requirement of Sub- Clause 34.1 shall
constitute sufficient grounds for cancellation of the award and for feature of the Bid Security.

35 Advance Payment and Security

35.1 The Employer wills providean Advance payment on the Contract Priceas stipulated in the
Conditions of Contract, subject to maximum amount, as stated in the Contract Data.

36. Deleted
37. Corrupt or Fraudulent Practices
37.1 The Employer will reject a proposal if it determines that the Bidder recommended for award
has engaged in corrupt or fraudulent practices completing for the contract in question and
will declare the firm eligible, either in definitely or fora stated period oftime, to be awarded a
contract with National Highways Authority of India / State PWD and any other agencies, if
it at any time determines that the firm has engaged in corrupt to fraudulent practices in
completing for the contractor, or in execution.
37.2 Further more; Bidders shall be aware of the provision stated in Sub-Clause 59.2 of the
Conditions of Contract.

Sign.of the Contractor Sign. of the Executive Engineer 22

 APPENDIX TO ITB
Clause Reference With respect to Section - I

1. The Name of the Employer is Executive Engineer Panchayat R&B Tapi. [ Cl.1.1]
2. The last five years.
2022 – 2023
2021 – 2022
2020 – 2021
2019 – 2020
2018 – 2019
3. This Annual Financial Turnover Amount is Rs.____________. [Cl.4.5.3(a)]
4. Value of Work is Rs. 2143058.16/-
5. Deleted
6. The cost of electric work is Rs. 87724.00 .
7. The cost of water supply / sanitary works is Rs. --- .
8. Liquid assets and / or availability of credit Facilities is Rs.536000/- [Cl.4.5.6]
9. Pricelevel of the financial year 2023-24 . [Cl.4.5.2]
10. The pre-bid meeting will take place at --- …………. [Cl.9.2.1]
11. The technical Bid will be opened at the office of the S.E.,Panchayat
(R&B) Circle, Surat on dt…………….....at 12.00 . PM
12. Address of the Employer:Executive Engineer,Panchayat (R&B)
Division,Tapi-Vyara.
13. Deleted
14. The bid should be submitted latest by As stated on online NIT [Cl.20.1&20.2]
15. The bid will be opened at Suprintending Engineer,Panchayat (R&B) [Cl.23.1]
Circle ,surat AS stared online NIT
16. The Bank Draft in favor of ‘Executive Engineer,Panchayat (R&B)
Division,Tapi-Vyara.
17. Deleted [Cl.4.5.2]
18. Escalation factors (for the cost of works executed and financial figure to
a common base value) forworks completed

Year Financial Year Enhancement factor

Base (year of inviting tender) 2023-24 1.0

-1 2022-23 1.1

-2 2021-22 1.21

-3 2020-21 1.33

-4 2019-20 1.46

-5 2018-19 1.61

Sign.of the Contractor Sign. of the Executive Engineer 23

 # LIST OF KEY PLANT & EQUIPMENT TO BE DEPLOYED ON CONTRACT
WORK [Reference CL. 4.5.5]

The contractors shall also give a list of machineries in his possession and which they
propose to use on thework.

Sr. Plant or Location Age of Make Capacity Approximate Remark

No. Machinery Machinery Value
(maximum 15
years)
1 2(a) 2(b) 3 4 5 6 7

Sign.of the Contractor Sign. of the Executive Engineer 24

 List of Key Personnel to be deployed on Contract Work
(Reference Cl. 4.5.4)

# Employment of a qualified site Engineer by the Contractor.

The Contract or shall employ full-time technically qualified staff during the execution of this work
as under:-
1. Two graduate Civil Engineers and three diploma Civil Engineers when cost of the work to be
executed is more than Rs. 50 lakhs.
2. One graduate & two Diploma, Civil Engineers when the cost of the work to be executed is
more than Rs.15 lakhs but less than Rs.50 lakhs.
3. Minimum Two Diploma Civil Engineer when the cost of work is lessthan Rs. 15 lakhs but
more than Rs. 5 lakhs.
4. Minimum One Diploma Civil Engineers for the work when the cost of work to be executed
is lessthan Rs.5 lakhs. The Engineer so employed for the Government work must have
sufficient experience to handle the work in dependently. Such an Engineer shall have to stay
at the site of work and he shall not be entrusted with other duty except this work.

In case the contractor or partner of the contract or firm is a Civil Graduate Engineer,
Employment of a separate Engineer will not be necessary provided that the Engineer partner him
self at tends the execution of the work on the site.

Within 15 days of issue of work- order the Contractor will have to furnish to the Deputy
Executive Engineer – in – charge of the work the Name, Qualifications, copy of mark sheet, Colour
Photograph and the appointment order issued such engineers engaged for this contract work. If 15
days after issue of work order such designated Site Engineers do not resume or not remain present
on site of work, there coveryat the rate of Rs.15,000-00 per month per Engineer will be made from
the bills / deposit / dues of the contractor. Such recovery shall be non - refundable.

Sign.of the Contractor Sign. of the Executive Engineer 25

 SECTION - 2
QUALIFICATION INFORMATION

Sign.of the Contractor Sign. of the Executive Engineer 26

 QUALIFICATION INFORMATION

The information to be filled in by the Bidder in the following pages will beused for the
purposeof post qualificationas provided for in Clause 4 of the Instruction to Bidders. This information
will not be in corporate in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of Bidder (Attach Copy)

Place of registration

Principal place of business

Power of at torney of signatory of Bid (Attach)

1.2 Total value of Civil engineering constructions 2020

Work per formed in the last five years 2020
(in Rs. Lakhs) 2020
2020
2020

1.3.1 Work performed as prime contractor, work performed in the pasta nominated sub-
contractor will also be considered the sub-contract in volved execution of all mainitems of
work described in the bid documents, provided further that all other qualification criteria
are satisfied (in the samename) on works of a similar nature over the last five years **and
in current year before the submission of the bid.

Project Name of the Description of Contract Value of Date of Stipulated Actual date of Remark
Name Employer work No. contract issue of period of completion* explaining
(Rs. Crore) work completion reasons for
order Delay & work
Completed

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

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

Sign.of the Contractor Sign. of the Executive Engineer 27

 # 1.3.2 Quantities of work executed as prime contractor, work performed, in the patasa nominated
sub-contractor, will also be considered provided the sub-contract involved execution of all
main items of work described in the bid document, provided, further that all other
qualification criteria are called (in the same name and style) in the last five years ** and in
current year before the submission of the bid.
Year Name Name of Quantity of work performed (Cum/MT) Remarks*
of the the Cement Masonry Earth Bituminous (indicate
work Employer Concrete Works Work contract Ref)
(Including
RCC & PCC)
2023-24
2022-23
2021-22
2020-21
2019-20

1.4 Information on Bid Capacity (works for which bids have been submitted and works which
are yet to be completed) as on the date of this bid.
(A) Existing commitments and on-going works:

Description of Place & Contract Name & Value Stipulated Value of Anticipated of
works State No. Address of Contract Period of Works* completion
Employer (Rs. Cr) Completion remaining to
be completed
(Rs. Cr)
1 2 3 4 5 6 7 8

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

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

1.5 Availability of key items of Contractors Equipment for carrying out the works (Ref. Clause
4.5.5). The Bidder should list all the information requested below.

Item of Requirement Availability Proposals Remarks (from

Equipment NO Capacity Owned / Nos / Age / whom to be
Leased to be Capacity Conditions purchased
procured

Sign.of the Contractor Sign. of the Executive Engineer 28

 1.6 Qualifications and experience of key personnel required for administration and execution
of the contract. Attach biographical data. Referal so to Sub Clause 9.1 of the Conditions of
Contract.

Position Name Qualification Year of Experience Year of experience

(General) in the proposed
position

Project Manager

Etc.
1.7 Proposed sub-contract and firms involved

Sections of the Value of Sub- Sub-Contractor Experience in

works Contractor (Name & similar work
Address)

Attach copies of certificates on possession of valid license for executing water supply /
sanitary work / building electrification works.

1.8 Financial reports for the last five years: balance sheets, profit and loss statements, auditors’
reports (in case of companies / corporations), etc. List them below and attach copies.

1.9 Evidence of access to financial resources to meet the qualification requirements: cash in
hand, lines of credit, etc. List them below and attach copied documents.

1.10 Name, address, and telephone, telex, and fax numbers of the Bidder's bankers who may
provide references if contacted by the Employer.

Sign.of the Contractor Sign. of the Executive Engineer 29

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

Other Party (ies) Employer Cause of Dispute Amount Involved Remarks showing
PresentStatus

1.12. Statement of compliance under there quirements of Sub Clause 3.2 of the instruction to
Bidders. (Name of Consultant engaged for project preparations is *………………………
………………………………………………………………………………………………..
.…………………………………………………………………..…..)

1.13 Proposed work method and schedule. The Bidder should attach descriptions, drawings and
chartsas necessary to comply with the requirements of the Bidding documents. (Refer ITB
Clause 4.1)

1.14 Programme

2. Deleted
3. Additional Requirements
3.1 Bidders should provide any additional information required to fulfill the requirements of
Clause 4 of the Instructions to the Bidders, if applicable.
(i) Affidavit
(ii) Undertaking
 Fill thenameof Consultant

Sign.of the Contractor Sign. of the Executive Engineer 30

 SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR
AVAILABILITY OF CREDIT FACILITIES
(CLAUSE 4.5.6 OF ITB) BANK CERTIFICATE

This is to certify that M/s. is Puted Company with a good financial standing.
If the contract for the work namely is awarded to the
above firm, we shall be able to provide overdraft / credit facilities to the extent of Rs.
To meet their working capital requirements for executing the above during the contract period.

(Signature)
Name of Bank
Senior Bank Manager
Address of the Bank

Sign.of the Contractor Sign. of the Executive Engineer

31
 AFFIDAVIT

1. I, the under signed, do here by certify that all the statements made in the required
attachments are true and correct.

2. The Under signed also here by certifies that neither our firm M/s. .
Have not a bandoned any work of Government of Gujarat / Government of India / any
Board or Corporation under Government of Gujarat / Government of Indian or any
contract awarded to use or such works have been rescinded, during last five years prior to
the date of this bid.

3. The under signed here by authorize (s) and request (s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary and requested by the
Department to verify this statement or regarding any (our) competence and general
reputation.

4. The under signed understands and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the Department /
Project implementing agency.

(Signed by an Authorized Officer of the Firm)

Title of Officer

Name of Firm

Date :-

Sign.of the Contractor Sign. of the Executive Engineer 32

 UNDERTAKING

I, the under signed do here by under take that our firm M/s…………………………………
……………………..………………………….. Would invest minimum cash up to 25% of the value
of the work during implementation of the contract.

(Signed by an Authorized officer of the firm)

Title of officer

Name of firm

DATE :-

Sign.of the Contractor Sign. of the Executive Engineer 33

 SECTION - 3
CONDITIONS OF CONTRACT

Sign.of the Contractor Sign. of the Executive Engineer 34

 Conditions of Contract
Table of Cont nts

A General Page D. CostControl

No.
1 Definitions 37 37 Bill of Quantities 49
2 Interpretation 38 38 Changes in the Quantities 49
3 Language and Law 39 39 Variations 49
4 Engineer’s Decisions 39 40 Payments for Variations 49
5 Delegations 39 41 Cash Flow Forecasts 50
6 Communications 39 42 Payment Certificates 51
7 Sub-Contractors 39 43 Payments 51
8 Other Contractors 39 44 Compensations Events 51
9 Personnel 40 45 Tax 52
10 Employer’s & Contractor Risk 40 46 Currencies 52
11 Employers Risks 40 47 Price Adjustment 52
12 Contractor’s Risk 40 48 Retention 52
13 Insurance 40 49 Liquidated damages 53
14 Site Investigations Reports 41 50 Bonus 54
15 Queries about the Contract 41 51 Advance Payment 54
16 Contractors to Construct the 41 52 Securities 55
Works
17 The Works to be Completed By 41 53 Deleted 55
The In tended Completion Date
18 Approval by the Engineer 41 54 Cost of Repair 55
19 Safety 41
20 Discoveries 42 E. Finishing the Contract
21 Possession of the Site 42 55 Completion 56
22 Access to the Site 42 56 Taking Over 56
23 Instructions 42 57 Final Account 56
24 Disputes 42 58 Operating and Maintenance 56
Manuals
25 Procedure for Disputes 43
26 Deleted 43 59 Terminations 56
60 Payment upon Terminations 57
B. Time Control 61 Property 58
27 Programme 44 62 Release from Performance 58
28 Extensions of the Intended 44
completion date
29 Deleted 44 F. Special Conditions of
Contract
30 Delays Ordered by The 44 63 Labour 59
Engineer 64 Compliance with labour 59
Regulations
31 Management Meetings 45 65 Arbitration 62
32 Early Warning 45
C. Quality Control
33 Identifying Defects 46
34 Tests 48
35 Correction of Defects 48
36 Uncorrected Defects 48

Sign.of the Contractor Sign. of the Executive Engineer 35

 CONDITIONS OF CONTRACT
A. GENERAL.
1. Definitions
1.1 Terms which are define din the Contract Data are not also defined in the Conditions of
Contract but keep their defined meaning.

Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.

Compensation Events are those defined in Clause 44 here under

The Completion Date is the date of completion of the Works as certified by the Engineer
in accordance with Sub Clause 55.1

The Contract is the contract between the Employer and Contractor to execute, complete
and maintain the Works till the completion of Defects Liability Period. It consists of the
documents listed in Clause 2.3 below.

The Contract data defines the documents and other information which comprise the
Contract.

The Contractor is a person or corporate body that’s Bid to carry out the Work has been
accepted by the Employer.

The Contractor’s Bid is the completed Bidding document submitted by the Contractor to
the Employer and includes Technical and Financial Bids.

The Contract Price is the price stated in the Letter of Acceptance and the reafter as
adjusted in accordance with the provisions of the Contract.

Day’s arecalendar days: months are calendar months.

The Defects Liability Period is the period namedin the Contract Data and calculated
from the Completion Date.

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

The Engineer is the person namedin the Contract Data (or any other competent person
appointed and notified to the contractor to actin replacement of the Engineer) who is responsible
for supervising the Contractor, administering the Contract, certifying payments due to the
Contractor, issuing and valuing Variations to the Contract, awarding extensions of time, and
valuing the Compensations Events.

Equipment is Contractor’s machinery and vehicles brought temporarily to the site to

construct the Works.

The Initial Contract Price is the Contract Price listed in the Employer’s Letter of
Acceptance.
The Intended Completion Date is the date on which it is intended that the Contractor
shall complete the Works. The Intended Completion Date is specified in the Contract Data. The
Intended Completion Date may be revised only by the Engineer by issuing extension of time.
Materials are all supplies, including consumables, used by the contractor for
incorporation in the works.
Plant is any integral part of the work which is to have mechanical, electrical, electronic
or chemical or biological functions.
Sign.of the Contractor Sign. of the Executive Engineer 36
 The Site is the area defined as such in the Contract Data.
Site Investigation Reports are those which were included in the Bidding documents and
are factual interpretive reports about the surface and sub surface conditions at the site.
Specifications mean the Specifications of the works includedin the Contract and any
modification or addition made or approved by the Engineer.

The Start Date is given in the Contract Data. It is the date when the Contractor shall
commence execution of the works. It does not necessarily coincide with any of the Site
Possession Dates.

A Sub contractor is a person or corporate body who has a Contract with the Contractor
to carry out a part of the work in the Contract which includes work on the Site.

Temporary Works are works designed, constructed, installed, and removed by the
Contractor which are needed for construction or installation of the Works.
A Variation is an instruction given by the Engineer, which varies theWorks. The Works
are what the Contract requires the Contractor to construct, install, and turn over to the Employer,
as defined in the Contract Data.

2. Interpretation
2.1 Interpreting these Conditions of Contract, singular also means plural, male also means
female or neuter and the ot herway around. Heading have no significance. Words have
the normal meaning under the language of the Contract unless specifically defined. The
Engineer will provide instructions clarifying queries about Conditions of Contract.

2.2 If sectional completion is specified in the Contract Data, references in the Conditions of
Contract to the Works, the Completion date, and Intended Completion Date apply to any
Section of the Works (other than references to the Completion Date and Intended
Completion date for the whole works)

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

(1) Agreement
(2) Letter of Acceptance, notice to proceed with works
(3) Contractor’s Bid
(4) Contract Data
(5) Conditions of Contract including Conditions of Contract
(6) Specifications
(7) Drawings
(8) Bills of quantities and
(9) Any other document listed in the Contract Data as forming part of the Contract.

3. Language and Law

3.1 The language of the Contract and the law governing the Contract are statedin the Contract
Data.

4. Engineers Decisions
4.1 Except where other wise specifically stated, the Engineer will decide contractual matters
between the Employer and the Contract or in the role representing the Employer.

5. Delegation
5.1 The Engineer may delegate any of his duties and responsibilities to other people after
notifying the Contractor and may cancel any delegation after notifying the Contractor.
Sign.of the Contractor Sign. of the Executive Engineer 37
 6. Communications
6.1 Communications between partieswhich arereferred tointheconditionsare effective only
when in writing. Anotice shallbe effective only whenitis delivered(in terms ofIndian
Contract Act).

7. Sub-Contracting
7.1 The Contractor may sub contract any portion of work, up to a limit specified in contract
data, with the approval of the engineer but may not assign the Contract without the
approval of the Employer in writing. Sub contracting shall not alternative the
Contractor’s obligations. Sub-contracting of supply or specific items of work is not
allowed.

7.2 The sub-contract or must be registered in appropriate class and category for the part of
work to be sub contracted.

8. Other Contractors
8.1 The Contract or shall co operate and share the Site with other contractors, public
authorities, utilities and the Employer between the dates given in the Schedule of other
Contractor. The Contractors shall refer to in the Contract Data, also provide facilities and
services for them as described in the Schedule. The employer may modify the schedule of
other contractors and shall notify the contractor of any such modifications.

9. Personnel
9.1 The Contractor shall employ the key personnel named in the Schedule of Key Personnel
Referred to in the Contract Data to carry out the functions stated in the Schedule or other
personnel approved by the Engineer. The Engineer will approve any proposed
replacement of key personnel only if their qualifications, abilities, and relevant
experience are sub stantially equal to or better than those of the personnel listed in the
Schedule.
9.2 If the engineer asks the Contractor to remove a person who is a member of the Contractor
Staf for his work force stating there sons the Contractor shall ensure that the person
leaves the Site within sevendays and has no further connection with the work in the
Contract.

10. Employer’s and Contractors Risks

10.1 The Employer carries the risk which these Contract states are Employer’s risks, and the
Contractor carries the risks which these Contracts states are Contractors risk.
11. Employer’s Risks
11.1 The employer is responsible for the excepted risks which are (a) insofar as they directly
affect the execution of the Work, the risks of war, hostilities, invasion, act of foreign
enemies, rebellion, revolution, insurrection or military or usurped power, civilwar, riot
commotion or disorder (unless restricted to the Contractor’s employees), and
contamination fromany nuclear fuel or nuclear waste or radio active toxic explosive.

12. Contractor’s Risks

12.1 All risks of loss of or damages to physical property and of personal in jury and death
which arise during and inconsequence of the performance of the Contract other than the
excepted risks are the responsibility of the Contractor.

13. Insurance
13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor,
insurance cover from the Start date to the end of the Defects Liability Period, in the
amounts and deductible stated in the Contract data for the following events which are due
to the Contractor’s risks:
Sign.of the Contractor Sign. of the Executive Engineer 38
 (a) Loss of or damage to the works, Plant and materials,
(b) Loss of or damage to Equipment
(c) Loss of or damages of property (expect the Works, Plant, Materials and Equipment) in
connection with the Contract; and
(d) Personal injuryor death.
13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Engineer
for the Engineer’s approval before the Start Date. All such insurance shall provide for
compensation to be payable in the types and proportions of currencies required to rectify
the loss or damage incurred.

13.3 If the Contractor does not provide any of the policies and certificates required, the
Employer may affect the insurance which the Contractor should have provided and
recover the premiums the Employer has paid from payment so otherwise due to the
Contractor or, if no payment is due, the payment of the premiums shall be a debt due.
13.4 Alterations to the terms of aninsurance shall not be made without the approval of the
Engineer.

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

14. Site Investigation Report

14.1 The Contractor in preparing the Bid shall rely on any site Investigation reports referred to
in the Contract Data, supplemented by any information available to the Bidder.
15. Queries about the Contract data
15.1 The engineer will clarify queries on the Contract Data

16. Contractor to Construct the Works

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

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

17.1 The Contractor may commence execution of the Works on the Start Date and shall carry
out the Works in accordance with the programme submitted by the Contractor, as updated
with the approval of the Engineer, and complete them by the Intended Completion date

18. Approval by the Engineer

18.1 The Contractor shall submit Specifications and Drawings showing the proposed
Temporary works to the Engineer, who is to approve them if they comply with the
Specifications and drawings.

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

18.3 The Engineer’s approval shall not alter the contractor responsibility for design of the
Temporary works.

18.4 The Contractor shall obtain approval of third partiesto the design of the Temporary works
where required.

18.5 All Drawings prepared by the Contractors for the execution of the temporary or
permanent work are subject to prior approval by the Engineer before their use.

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

Sign.of the Contractor Sign. of the Executive Engineer 39

 20. Discoveries
20.1 Anything of historical or other interest or of significant value unexpectedly discovered on
the site is the property of the Employer. The contractor is to notify the engineer of such
discoveries and carry out the Engineer’s instructions for dealing with them.
21. Possession of the Site
21.1 The Employer shall give possession of all parts of the site to the Contractor. If possession
of a part is not given by the date stated in the Contract Data the Employer is deemed to
have delayed the start of the relevant activities and this will be a Compensation Event.

21.2 If within 25% of the time limit of the project, 80% of possession of the site is not handed
over to the Contractor, then contractor / Employer may fore-close the contract. Contractor
/ Employer have to foreclose the work within 30 days after lapse of 25% -time limit and
after 30 days foreclosure option will be closed.

22. Access to the Site

22.1 The Contractor shall allow the Engineer and any person authorized by the Engineer
access to the Site, to any place where work inconnection with the Contract is being
carried out oris intended to be carried out and to any place where materials or plants are
being manufactured / fabricated / assembled for the works.
23. Instructions
23.1 The Contractor shall carry out all instructions of the Engineer pertaining to works which
comply with the applicable laws where the site is located.
23.2 The Contractor shall permit the Employer to inspect the Contractor’s accounts and
records relating to the performance of the Contractor and to have them audited by
auditors appointed by the Employer, if so required by the Employer.

24. Disputes
24.1 If the Contractor is of the view that a decision taken by the Engineer was either outside
the authority given to the Engineer by the Contractor that the decision was wrongly
taken, the decision shall be referred to Superintending Engineer
pan(R&B)circle Surat (Higher Authority) within 14 days of the notification of the
Engineer's decision. If the issue is not resolved, any party can refer the matter for
conciliation within 15 days from the decision given by the Superintending Engineer
pan(R&B)circle Surat.

24.2 (a) For the work upto Rs.100 Cr., if any of the parties not satisfied with the decision
of the # Superintending Engineer pan(R&B)circle Surat, both the parties have to refer
to the Chief Engineer concern for the conciliation process.
(b) For the work mor ethan Rs.100 Cr., if any of the parties not satisfied with the
decision of the # Superintending Engineer pan(R&B)circle Surat, both the parties
have to refer to the # Secretary, Roads & Building Department, Government of Gujarat
for the conciliation process.
If the dispute is not resolved through the conciliation process, he may refer the
dispute to Gujarat Public Works Contract Dispute Arbitration Tribunal. If the Contractor
failed to refer claim / dispute to the Higher Authority within 14 days of the notification of
the Engineer's decision, the Contractor shall not been titled to any additional payment /
claim if he doesn't follow the above sequence in stipulated time andheshouldnot stop the
work.

25. Procedure for Disputers

25.1 The arbitration shall be conducted in accordance with the arbitration procedure started in
the Special Conditions of Contract.
26. Deleted

Sign.of the Contractor Sign. of the Executive Engineer 40

 B. TIME CONTROL

27. Programme
27.1 Within the time stated in the Contract Data the Contractor shall submit to the Engineer
for approval a Programme showing the general methods, arrangements orders, and
timing for all the activities in the works along with monthly cash flow forecast.

27.2 An update of the Programme shall be a programme showing the actual progress
achieved one achactivity and the effect of the progress achieved on the timing of the
remaining work including any changes to the sequence of the activities.

27.3 The Contractor shall submit to the Engineer, for approval updated programme at
intervals no longer than the period stated in the Contract data. If the Contractor does not
submit an updated programme with this period, the Engineer may with hold the amount
stated in the Contract data from the next payment after the date on which the over due
programme has been submitted.

27.4 The Engineer’s approval of the programme shall not alter the Contractor’s obligations.
The Contractor may revise the programme and submitit to the Engineer againat any
time. A revised programme is to show the effect of Variations and Compensations
events.

28. Extensionof the IntendedCompletion Date

28.1 The Engineer shall extend the Intended Completion Date if acompensation Event
occurs or a Variation is issued which makes it impossible for completion to be
achieved by the Intended Completion Date with out the Contractor taking steps to
accelerate the remaining work and which would cause the Contractor to incur additional
cost.

28.2 The Engineer shall decide whether and by how much to extend the Intended Completion
Date within 35 day softhenic Contractor asking the Engineer for a decision upon the
effect of compensation eventor Variation and submitting full supporting information. If
the Contractor has failed to give early warning of delay or has failed to cooperate in
dealing with delay, the delay this failure shall not be considered in assessing the new
Intended Completion Date.

28.3 The Engineer shall within 14days of receiving full justification from the contractor for
extension of Intended Completion Date refer to the Employer his decision. The
employer shall in not more than 21 days communicate to the engineer the acceptance or
other wise of the Engineer’s decision. If the employer fails to give his acceptance, the
Engineer shall not grant the extension and the contractor may refer the matter under
Clause 24.1

29. Deleted

30. Delays Ordered by the Engineer

30.1 The Engineer may instruct the Contractor to delay the start or progress of any activity
within the works.

Sign.of the Contractor Sign. of the Executive Engineer 41

 31. Management Meetings
31.1 Either the Engineer or the Contractor may require the other to attend a management
meeting. The business of management meeting shall be to review the plans for
remaining work and to deal with matters raised in accordance with the early warning
procedure.

31.2 The Engineer shall record the business of management meetings and is to provide copies
of his record to those attending the meeting and to the Employer. The responsibility of
the parties for actions to be taken is to be decided by the Engineer Either at the
Management Meeting or after the management meeting and stated in writing to all who
attended the meeting.

32. Early Warning

32.1 The Contractor is to warn the Engineer at the earlies opportunity specific likely future
events or circumstances that may adversely affect the quality of the work, increase the
Contract price or delay the execution of works. The Engineer may require the contractor
to provide an estimate of the expected effect of the future event or circumstance on the
contract price and completion date. The estimate is to be provided by the Contractor as
soon as reasonably possible.

32.2 The Contractor shall co operate with the Engineer in making and considering proposals
for how the effect of such aneventor circumstances can be avoided orreduced by any
one involved in the world and in carrying out any resulting instruction of the Engineer.

Sign.of the Contractor Sign. of the Executive Engineer 42

 C. QUALITY CONTROL

# 33. Identifying Defects/Defectliability period

33.1: Defect liability period: The contractor shall be responsible to make good and remedy
this town expenseany defect which May developer may be noticed before the period
mentioned here under from the certified date of completion. The Engineer in charge
shall give the contractor a notice in writing about the defects and the contractor shall
make good the same within 15days of receipt of the notice. In the case of failureon the
part of the contractor, the Engineer- in-charge may rectify or remove or re-execute the
work at the risk & cost of the contractor. The Engineer-in-charge shall be entitled to
appropriate the whole or any part of the amount of security deposit to wards the
expenses, if any, Incurred by himi rectification, removal or re-execution. The Defects
Liability period shall be as under….
(a) For all works costing upto Rs.50,000 (amount put to tender), the period shall be 3
Months from the certified date of completion.
(b) For all works costing more than Rs.50,000 and upto Rs.1 crore (amount put tender), the
period shall be12 (Twelve) months from the certified date of completion or one
monsoon, which ever is later.
(c) Format or projects costing more than Rs. 1crore, the period shall be 36 Months from the
certified date of completion which should include three monsoons.
(d) For original building works the defectliability period will be 4 years elapsed of 4
monsoon period following date of possession of building taken over by user agency
following the certified date of completion, which ever is later?
For the purpose of deciding the monsoon period, the 30th September shall be
treated as the last date.
Modified vide R&B D Circular No. PAC–11–102008–2076– N dated 31/8/2009,
PRCH / 102013 (2976) 2759 - N, Dated 27/05/2013 and Circular No. TNC / 10 / 2016 /
Clause17A (Correction / (1) C Dated 12/05/2016]

33.2 Free maintenance guarantee period for works of Road/Bridge construction

(a) For resurfacing work of road free maintenance guarantee period one year from the date
of completion.
(b) Incase of widening of the road / strengthening of the road / bridge, the contractor shall
have to give four years freemaintenance guarantee from the certified date of
completion. During this period the contractor shall visit the site every six month salong
with the concerned Section Officer / Deputy Executive Engineer and will examine the
work already carried out in this contract like road work, jungle cutting, side shoulders,
side gutter, road furniture, patta etc. and will prepare Km. wise inspection report duly
signed by all concerned and any defect observed shall be done within 15 days by the
contractor a this risk and costas per the direction of Engineer in charge. The contractor
needs to do videography of these visits and require to submitat the time of release of
FMG. If B.T. the surface during the maintenance period of 4 years is worn out there
agency shall have to provide renewal coating as pert ender item as directed by the
Engineer – in - charge. The amount equivalent to 5% of each running bill shall be with
held and will bereleased after the free maintenance guarantee period (i.e. 4 years) is
over.
However, this amount shall be released against fixed deposit or bank guarantee
pledge in the name of Executive Engineer after completion certificate of workis issued.

(1) The flakiness and elongation index (combined) for coarse aggregates under no
circumstances shall exceed the allowable limit set forth in the relevant clause for the
material in question.
(2) 2% of the amount eligible for the paymen to bituminous items shall be with held till the
miscellaneous items like earth work in embankment / cutting for side shoulders, side
gutters, kilometer / indicator / guard stones, sign boards etc. are completed in all respect
by the contractor. After completion of the miscellaneous items, the above said 2% with
Sign.of the Contractor Sign. of the Executive Engineer 43
 held amount shall be released. (Govt. of Gujarat's G.R.No.: TNC-10-2013-3 (Part-3) /C,
Dtd.13/12/2013). (3) Videography for the surface under Maintenance Guarantee is to be
done as per Govt. letter No.: SSR/10/2015-16/26/C, Dtd.26/11/15 for the work costing
more than Rs.5.00 Crore.
(4) Setting up of adequate laboratory & deployment of quality engineers. The contractor
shall have to setup the laboratory with adequate equipment. Till the setting up of
adequate laboratory is completed & reported of this to the engineer (subject to due
verification by engineer’s representative) by contractor inwriting, Rs.2,00,000/- shall be
with held. The qualified quality Engineer shall be deployed exclusively for this contract
by the contractors. If quality Engineer is not deployed by contractor with in one month
after the date of work order, the amount equivalent to Rs.20,000 per month shall be
recovered till the actual deployment of quality engineer. The amount so recovered to
wards the deployment of quality engineers shall not be refunded.
(5) Asphalt work will have to be cross checked as per G.R. No.: RGN / 60 / 2006 /
35 / C, dtd. 31/05/07 before final bill is paid.
(6) Maintenance during Construction Period During the Construction Period, the
Contractor shall mainta in, at his own risk and cost, the existing lane (s) of the roads so
that the traffic worthiness and safety there of areatnotime material inferior as compared
to their condition 10 (ten) days prior to the date of the Agreement, and shall under take
the necessary repair and maintenance works for this purpose; provided that the
Contractor may, a this cost, interrupt and divert the flow of traffic if such interruption
and diversion is necessary for the efficient progress of works and conforms to Good
Industry Practice; provided further that such interruption and diversion shall be
undertaken by the Contractor only with the prior written approval of the Executive
Engineer which approval shall not be unreasonably with held. For the avoidance of
doubt, it is agreed that the Contractor shall at all times responsible or ensuring safe
operation of the road.
33.3 The Engineer shall check the Contractor’s work and notify the Contractor of any
defects that are found. Such checking shall not affect the Contractor’s responsibilities
the Engineer may instruct the Contractor to search for a Defect and to uncover and test
any work that the Engineer considers may have a Defect.
34. Tests
34.1 If the engineer instructs the Contractor to carry outatest not specified in the
Specification to check whether any work has a Defect and the test shows that it does, the
Contractor shall pay for the test and any samples. If there is no defect the test shall be a
Compensation Event.

34.2 # 1% of the amount of work done should be deducted from R.A. Bill of the contractor
for testing the quality of material workmanship, irrespective of actual charges.

34.3 Agency has to establish testing laboratory onsite for the various test to be carried out in
the work for this purpose agency shall construct apukka laboratory building with all
facility on site at location specified by the engineer in charge.

35. Correctionof defects

35.1 The engineer shall give notice to the Contractor of any defects before the end of the
defects Liability Period, which begins at Completion and is defined in the contract data.
The Defects Liability Period shall be extended for aslong as Defects remain to be
corrected.

35.2 Every time notice of a Defectis given, the Contractor shall correct the notified defect
within the length of time specified by the Engineer’s notice.

Sign.of the Contractor Sign. of the Executive Engineer 44

 36. UncorrectedDefects
36.1 If the Contractor has not correct a defect within the time specified in the Engineer’s
notice, the Engineer will assess the cost of having the Defect corrected, and the
Contractor will pay this amount.

Sign.of the Contractor Sign. of the Executive Engineer 45

 D. COST CONTROL

37. Bill of Quantities

37.1 The bill of Quantities shall contain items for the constructions, installation, and test in
gand commissioning work to be done by the Contractor.
37.2 The bill of Quantities is used to calculate the Contract price. The Contractor is paid for the
quantity of the work done at the ratein the Bill of Quantities for each item.

38. Change inthe Quantities

38.1 The Engineer shall have power to make any alterations in or addition to the original
specifications, drawings, designs and instructions that may appear to him to be necessary
or advisable during the progress of the work and the contractor shall be bound to carry out
the work in accordance with any instruction in this connection which may be given to him
in writing signed by the Engineer and such alteration shall not in validate the contract and
any additional work which the contractor may be directed to do in the manner above
specified as part of the work shall be carried out by the contractor on the same conditions
in all respects on which he agreed to do the main work and at the same rate as are
specified in the tender for the main work. Except that when the quantity of any item
exceeds the quantityas in the tender by more than 130%, the contractor will be paid for
the quantity in excess of 130%, at the rate entered in the SOR of the year during which the
excess in quantity is first executed.

39. Variations
39.1 All Variations shall be included in updated programmes produced by the Contractor.

40. Payments for Variations

40.1 If the additional or altered work includes any class of work for which no rate is specified
in this contract, then such class of work shall be carriedout as under.

(i) At the rate derived from the item within the contract which is comparable to the one
involving additional or altered class of work; where there are more than one comparable
items, the item of the contract which is nearest in comparison with regard to class or
classes of the work in volved shall be selected and the decision of the Superintending
Engineer state nearest comparable item shall be final and binding on the contractor.

(ii) If the rate can not be derived in accordance with (i) above, such class of works shall be
carried out at the rate entered in the Schedule of Rates of the division for the year in
which the tender was received, increased or decreased by the percentage by which the
tender amount is more or less as compared to the amount arrived at the rates in the
“Schedule of Rates” of the Division in the year in which the tender was received. If the
Schedule of rates of the Division does not contain all the items, the percentage in crease
or decrease of the tender shall be calculated considering such items which were included
in the “Scheduled Rates” of the division for the year and for materials consumed on such
item the rate to be charged would be the basic rate taken in to account for fixing the rate
in S.O.R. referred to above.

(iii) If it is not possible to arriveat the rate from (i) and (ii) above, such class of work shall be
carried out at the rate decided by the competent authority on the basis of detailed rate
analysis after hearing the contractor beforea a Committee of two Superintending
Engineers stationed at the same place or the nearest place.

Sign.of the Contractor Sign. of the Executive Engineer 46

 40.2 If the additional or altered work, for which no rate is entered in the “Schedule of Rates” of
the Division is ordered to be carried out before the rate agreed upon, then the contractor
shall with in seven day sof the date of receipt by him of the order to carry out the work,
inform the Engineer – in – charge of the rate, which it is his intention to charge for such
class of work and if the Engineer in charge does not agree to this rates, he shall by notice
in writing beat liberty to cancel his order to carry out such class of work and arrange to
carry it out in such manner as he may consider it advisable, provided always that if the
contractor shall commence work or in cur any expenditure in regard there of before the
rates shall have been determined as lastly here in before mentioned, then in such
cases we shall only be entitled to be paid in respect of the work carried out or expenditure
in curred by him prior to the date of the determination of the rate aforesaid according to
such rate or rates as shall be fixed by the Engineer - incharge. In the event of the dispute,
the decision of the Superintending Engineer of the Circle shall be final.
Where, however, the work is to be executed according to the designs, drawings
and specifications recommended by the contractor and accepted by the competent
authority, the alternation above referred to shall be within the scope of such designs,
drawings and specifications appended to the tenders.
The time limit for the completion of the work shall be extended in the proportion
that the increase in the cost occasioned by alterations bears the cost of the original work
and the certificate of the Engineer-in-charge as to such proportion shall be final and
conclusive.

41. Cash Flow Forecasts

41.1 When the programme is updated, the contractor is to provide the engineer with an up
dated cash flow forecast.

42. Payment certificates.

42.1 The Contractor shall submit to the Engineer monthly statements of the estimated value of
the work completed less the cumulative amount certified previously.

42.2 The Engineer shall check the Contractor’s monthly statement within 14 days and certify
the amount to be paid to the Contractor after taking in to account any creditor debit for the
month in question in respect of materials for the works in the relevant amounts and under
conditions set forth in sub-clause 32.3 of the Contract Data (secured Advance).

42.3 The value of work executed shall be determined by the Engineer.

42.4 The value of work executed shall comprise the value of the quantities of the items in the
Bill of Quantities completed.
42.5 The value of work executed shall include the valuation of variations and compensation
events.

42.6 The Engineer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later
information.

43. Payments
43.1 Payments shall be adjusted for deductions for advance payments, retention, other recovery
in terms of the contract and taxes at source, as applicable under the law. The Employer
Sign.of the Contractor Sign. of the Executive Engineer 47
 shall pay the Contractor the amounts certified by the Engineer within 28 days of the date
of each certificate.

43.2 Payment of GST (prevailing rates) on the amount payable under the contract to the
Contractor will be made by the Employer. Hence, it is the responsibility of the contractor
to pay the GST to the concerned Authority.

43.3 Items of the works for which no rate or price has been entered in will not be paid by the
Employer and shall be deemed covered by other rates and prices in the Contract.

44. Compensationevents
44.1 The following are compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the site Possession date stated
in Contract data to the Contractor

44.2 In case of compensation event occurs and it prevents the work being completed beyond
the Intended Completion Date then Authority will approve EOT with eligible contractual
price escalation.

45. Tax
45.1 The rates quoted by the Contractor must be in clusive of all taxes prevailing on due date
of bid submission except GST. However, any subsequent changes in the tax structure by
Government after due date of bid submission will be compensated (+/-) on availability or
submission of actual documentation. Contractor will have to intimate Engineer regarding
changes occurred in the tax structure after bid submission. If the contractor fails to
provide such information and if any financial obligation may arise due to changes in tax
structure, same will be recovered from the contractor.

45.2 GST will be paid separately on the bills. Hence, it is the responsibility of the contractor to
pay the GST to the concerned Authority.

46. Currencies.
46.1 All payment shall be made in Indian Rupees.
47. Price Adjustment
47.1 Contract price shall be adjusted for increase or decrease in rates and price of labour,
materials, fuels and lubricants in accordance with the following principles and procedures
and as per formula given in the contract data:

(a) The price adjustment shall apply for the work done from the start date given in the
contract data up to end of the initialintended completion date or extension granted by the
Engineer and shall not apply to the work carried out beyond the stipulated time for
reasons attributable to the contractor.

(b) The price adjustment shall be determined during each month from the formula given in
the contract data.
(c) Following expressions and meanings during to the work done during each month
R = Total value of work done during the month. It would in clude the amount of secured
advance granted, if any, during the month less the amount of secured advance recovered,
if any during the month. It will exclude value for works executed under variations for
which price adjustment will be worked separately based on the terms mutually agreed.

Sign.of the Contractor Sign. of the Executive Engineer 48

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

48. Retention
48.1 The Employer shall retain from each payment due to Contractor the proportion stated in
the Contract Data until Completion of the whole of the Works.

48.2 On Completion of the whole of the Work half the total amount retained is repaid to the
Contractor and half when the Defects Liability Period has passed and the Engineer has
certified that all Defects notified by the Engineer to the Contractor before the end of this
period have been corrected.

48.3 On completion of the whole works, the contractor may substitute retention money with an
“on demand” Bank guarantee.
In case, Contractor requests for refund of the Retention Money deducted by the
Employer under the provision of this clause, Employer shall consider the said request of
the Contractor provided that the refund here under shall be made in tranches of not less
than 1% (One Percent) of the Contract Price and Contractor furnishes an irrevocable and
unconditional Bank guarantee for an equal amount substantially in the format of Bank
Guarantee for Performance Guarantee Enclosed with SBD and valid up to 60 day beyond
the scheduled / extended Defects Liability Period. On completion of the whole works, the
contractor has however an option to submit afresh irrevocable and unconditional Bank
Guarantee for an amount equal to 5% of the total value of work executed substantially in
the format of Bank Guarantee for Performance Guarantee enclosed with SBD and valid
up to 60 days beyond the Defect Liability Period and yet refund the Retention Money
Bank Guarantee submitted for refund of Retention Money.

49. Liquidated Damages

49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day stated in
the Contract Data for each day that the Completion Date is later than the Intended
Completion Date (for the whole works or the mile stone as stated in the contract data).
The total amount of liquidated damages shall not exceed the amount defined in the
Contract Data. The Employer may deduct liquidated damages from payment due to the
Contractor. Payment of liquidated damages does not affect the Contractor’s liabilities.

49.2 If the Intended Completion Date is extended after liquidated damages have been paid, the
Engineer shall correct any over payment of liquidated damages by the Contractor by
adjusting the next payment certificate. The Contractor shall not been title for any interest
on the over payment calculated from the date of payment to the date of repayment.

49.3 If the contractor fails to comply with the time for completion as stipulated in the tender,
then the contractor shall pay to the employer therelevant sum stated in the Contract Data
as Liquidated damages for such default and not as penalty for every day or part of day
which shall elapse between relevant time for completion and the date stated in the taking
over certificate of the whole of the works on the relevant section, subject to the limit state
in the contract data.
The employer may, without prejudice to any other method of recovery deduct the
amount of such damages from any monies due to become due to the contractor. The
payment or deduction of such damages shall not relieve the contractor from his obligation

Sign.of the Contractor Sign. of the Executive Engineer 49

 to complete the work son from aunt other of his obligations and liabilities under the
contract.

49.4 If, before the Time for Completion of the whole of the Work sor, if applicable any
Section, a Taking Over Certificate has been issued for any part of the Works or of a
Section, the liquidated damages for delay in completion of the remainder of the Works or
of that Section shall, for any period of delay after the date stated in such Taking – Over -
Certificate, and in the absence of alternative provisions in the Contract, be reduced in the
proportion which the value of the parts certified bears the value of the whole of theWorks
or Section, as applicable. The provisions of this Sub – clause shall only apply to the rate
of liquidated damages and shall not affect the limit there of.

50 Bonus
50.1 If the contractor achieves completion of the whole of the works prior to the in tended
Completion Date prescribed in Contract Data the Employer shall pay to the contractors
state in Contract Data as bonus for every completed month but subjected to maximum
amount as stated in Contract Data; which shall elapse between the date of completion
of all items of works as stipulatedin the contract, including variation order by the
Engineer and the time prescribed in Clause17.

50.2 Bonus shall be paid only to works amounting to above INR 5 crore with time limit of the
works is equal or more than 6 months. The bonus would be paid as under

% of Time Saved % of Initial Contract Price

entitled forBonus
50% 5%
40% 4%
30% 3%
20% 2%
10% 1%
Less than 10% 0%

51. Advance Payment.

51.1 The Employer shall make advance payment (not to be paid less than two
installments exceptinspecial circumstances for which the reason to be Recordedin
writing) to the Contractor of the amounts stated in the Contract Date by the date
stated in the Contract Date, against provision by the Contactor of an Unconditional
Bank Guarantee Format by a bank acceptable to the Employer in amounts and
currencies request at least 110% of the advance payment. The guarantee shall
remain effective until the advance payment has been repaid, but the amount of the
guarantee shall be progressively reduced the amount repaid by the Contractor. The
Mobilization Advance Would Be deemed interest bearing advance at an interest
rate of 10% to becompounded, quarterly.

Sign.of the Contractor Sign. of the Executive Engineer 50

 51.2 The Contractor is to use the advance payment only to pay for Equipment, plant and
Mobilization expenses required specifically for execution of the Works. The
Contractor shall demonstrate that advance payment has been used in this way by
supplying copies of invoice or other documents to the engineer.

51.3 The advance payment shall be repaid by deduction proportionate amount from
payments other wise due to the Contractor, following the schedule of completed
percentages of the Works on a payment basis. No account shall be taken of the
advance payment or it repayment assessing valuation of work done, variations,
price adjustments, Compensation Events, or Liquidated damages.

51.4 Deleted

52. Securities
52.1 The performance Security (including additional security for unbalanced bids) shall
be provided to the Employer no later than the date specified in the Letter of
Acceptance and shall be issued in an amount and formand by a bank or surety
acceptable to the Employer, and denominated in Indian Rupees. The performance
Security shall be valid until date 60 days from the date of expiry of Defects
Liability Period and the additional security for unbalanced bids shall be valid until
date 28 days from the date of issue of the certificate of completion.

53. Deleted

54. Cost of Repairs.

54.1 Loss or damage to the Works or Materials to be incorporated in the Works between
the Start date and the end of Defects Correction periods shall be remedied by the
Contractor at the Contractor’s cost if the loss or damages arises from the
Contractor’s acts oromissions.

Sign.of the Contractor Sign. of the Executive Engineer 51

 E. FINISHINGTHECONTRACT

55. Completion
55.1 The Contractor shall request the Engineer to issue a Certificate of Completion of the
works and the Engineer will dosoupondeciding that the work is completed.

56. Taking Over

56.1 The Employer shall take over the Site and the Works with in sevendays of the
Engineer issuing a certificate of Completion.

57. Final Account

57.1 The Contractor shall supply to the Engineer a detailed final account of the total
amount that the Contractor considers payableas full and final settlement of all claims
under the Contract for items before the end of the Defects Liability Period. The
Engineer shall issue a Defect Liability Certificate and certify any final payment that
is due to the Contractor with in 56 days of receiving the Contractor's account if it is
corrected complete. If it is not, the Engineer shall issue within 56 days a schedule
that states the scope of the corrections or additions that are necessary. If the Final
Account isstill unsatisfactory after it has been re submitted, the Engineer shall
decideon the amount payable to the Contractor and issue a payment certificate,
within 56 days of receiving the Contractor’s revised account.
57.2 If reversal is characteristic of tender (L1 becoming L2) on account of excesses and
savings in final account is observed, the Engineer / Employer shall beat liberty to
restrict the final payment of BOQ items to the lowest amount evaluated of the bids
considering the final quantities and the rates quoted including the rebate if any.
Payment of variation items shall however make at the rates approved by the
Employer, within 90 days from the physical completion of work.

58. Operating and Maintenance Manuals

58.1 If “as built” drawings and / or operating and maintenance manuals are required, the
Contractor shall supply them by the dates stated in the Contract data.

58.2 If the Contractor does not supply the Drawings and / or manuals by the dates stated
in the Contract data, or they do not receive the Engineer’s approval, the Engineer
shall with hold the amount stated in the Contract Data from payments due to the
Contractor.

59. Termination
59.1 The Employer or the Contractor may terminate the Contract if the other party causes
a fundamental breach of the Contract.
59.2 Fundamental breaches of Contract include, but shall not be limited to the following:
1. The contractor stops work for 28 days when no stop page of work is shown on the
current programme and the stop page has not been authorized by the Engineer.
2. The Engineer instructs the Contractor to delay the progress of the Works and the
instructions are not withdrawn within 28 days;

3. The Employer or the Contractor is made bankrupt goes into liquidation other than
for a reconstructions or amalgamation.
4. A payment certified by the Engineer is not paid by the Employer to the Contractor
within 56 days of the date of the Engineer’s certificate.

Sign.of the Contractor Sign. of the Executive Engineer 52

 5. The Engineer gives Notice that failure to correct particular Defect is a fundamental
breach of Contract and the Contractor fails to correct it within a reasonable period
of time determined by the Engineer;
6. The Contractor does not maintain a security which is required;
7. The Contractor has delayed the completion of works by the number of days for
which the maximum amount of liquidated damages can be paid as defined in the
Contract data; and
8. If the Contractor, in the judgment of the Employer has engaged incorrupt or
fraudulent practices in competing for or in executing the Contract.
For the purpose of this paragraph: “corrupt practice” means the offering,
giving, receiving or soliciting of anything of value to influence the action of a public
official in the procurement process contract execution. “Fraudulent practice” means
misrepresentation of facts in order to in fluence a procurement processor the
execution of a contract to the detriment of the borrower, and includes collusive
practice among Bidders (prior to or for bid submission) designed to establish bid
prices at artificial non-competitive levels to deprive the Borrower of the benefits of
free and open competition.

59.3 When it her party to the Contract gives notice of a breach of contract to the Engineer
for a cause other than those listed under Sub Clause 59.2 above, the Engineer shall
decide whether the breach is fundamental or not.

59.4 Not with standing the above, the employer may terminate the Contract for
convenience.

60. Payment up on Termination

60.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Engineer shall issue a Certificate for the value of the work done less
advance payments received up to the date of the issue of the certificate, less other
recovery due in terms of the contract, less taxes due to deducted at source as per
applicable law and less the percentage to apply to the work not completed as
indicated in the Contract data. Additional Liquidated Damages shall not apply. If the
total amount due to the Employer exceeds any payment due to the Contractor the
difference shall be a debt payable to the Employer.

60.2 If the Contract is terminated at the Employer’s convenience or because of a

fundamental breach of Contract by the Employer, the Engineer shall issue a
certificate for the value of the work done, the cost of balance material brought by
the contractor and available at site, the reasonable cost of removal of equipment,
repatriation of the Contractor’s personnel employed solely on the works, and the
Contractor’s cost of protecting and securing the Works and less advance payment
received up to the date of the certificate, less other recoveries due in terms of the
contract and less taxes due to deducted at sourceas per applicable law.

61. Property
61.1 All materials on the Site, Plant Equipments, Temporary Works and Works are
deemed to be property of the Employer, if the Contract is terminated because of a
Contractor’s default.

Sign.of the Contractor Sign. of the Executive Engineer 53

 62. Release from Performance
62.1 If the Contract is frustrated by the outbreak of war of the son entirely outside the
control of either the Employer or the Contractor the Engineer shall certify that the
Contract has been frustrated. The Contractor shall make the Site Safe and Stop Work
as Quickly as Possible after receiving this certificate and shall bepaid for all work
carried out before receiving it and for any work carried out afterwards to which
commitment was made.

Sign.of the Contractor Sign. of the Executive Engineer 54

 F. SPECIAL CONDITIONSOF CONTRACT

63. LABOUR
The Contractor shall, unless other wise provided in the Contract, make his
ownar rangements for the engagement of all staff and labour, local or other, and for
their payment of housing, feeding and transport.
The Contractor shall, if required by the Engineer, deliver to the Engineer
return in detail, in such form and at such intervals 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.

64. COMPLIANCE WITH LABOUR REGULATIONS

During continuance of the contact, the Contractor and his sub- contractor shall a
bide atall times by all existing labour enactments and rules made thereunder,
regulations, notification and bylaws of the State or central Government or local
authority and any other labour law (including rules), regulations, by elastomers be
passed or notifications 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 the construction industry are given
below. The Contractor shall keep the Employer indemnified in case any action is
taken against the Employer by the competent authority on account of contravention
of any of the provisions of any Act or rules made thereunder, regulations or
notifications including amendments. If the Employer is caused to pay or reimburse,
such amounts as may be necessary to cause or observe, or for observance of the
provisions stipulated in the notifications / bye laws / Acts / Rules / regulations
including amendments, if any, on the part of the Contractor, the Engineer /
employer shall have the right to deduct any money due to the Contractor including
is amount of performance security. The Employer / Engineer shall also have the
right to recover from the Contractor any sum required or estimated to be required
for making good the loss or damage suffered by the Employer.
The Employees of the Contractor and the Sub-Contractor in no case shall
be treated as the employees of the Employer at any point to time.

Sign.of the Contractor Sign. of the Executive Engineer 55

 SALIENT FEATURES OF SOME MAJOR LABOUR AND OTHER LAWS APPLICABLE TO
ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK

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

B) Payment of Gratuity Act. 1972:- Gratuity Is Payable to an employee under the Acton
Satisfaction Of certain conditions on separation of an employee has completed 5 years
service or more on death, the rate of 15day swages for every completed year of service.
The Actis applicable to all establishments employing
10 or more employees.

C) Employees P.F. and Miscellaneous Provision Act 1952 :- The Act Provides for
monthly contributions by the employer plus workers @ 10% or 8.33% The benefits
payable under the Act are:

1. Pension or family pension on retirement or death, as the case may be.

2. Deposit linked insurance on the death in harness of the worker.
3. Payment of P.F. accumulation on retirement / death etc.

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

E) Contract 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 Actis
applicable to the establishments or Contractor of Principal Employer, if they employ 20
or more contract labour.

F) Minimum Wages Act 1948 :- The Employer is supposed to pay not less than the
Minimum Wages fixed by appropriate Government as per provisions of the Act, if the
employment is a scheduled employment. Construction of Building, Roads, and
Runways are scheduled employment.

G) Payments of wages Act 1936 :- It lay down 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 remunerations Act 1979 :- The Act provides for payment of equal wages for
work of equalnature to Maleand Female workers and for not making discrimination
against female employees in the matter of transfer, training and promotions etc.

I) Payments of Bonus Act 1965 :- The Act is applicable to all establishments employing
20 or more employees. The Act provides for payments of annual bonus subject to a
minimum of 8.33% of wages and maximum of 20% of wages to employees drawing Rs.
3500/- per month or less. The bonus to be paid to employees getting Rs, 2500/- per
month or above Rs. 3500/- per month shall be worked out by taking wages as Rs. 2500/-
per month only. The Act does not Apply to certain establishments. The newly set-up
establishments are exempted for five years in certain circumstances. Some of the State

Sign.of the Contractor Sign. of the Executive Engineer 56

 Governments have reduced the employment size from 20 to10 for the purpose of
applicability of this Act.

J) Industrial Disputes Act 1947 :- The Act lays down the machinery and procedure for
resolutions of Industrial disputes, in what situations a strike or lock- out become illegal
land what are the requirements for laying of for retrench the employees or closing down
the establishment.

K) Industrial employment (standing Orders) Act 1946:- It is applicable to all

establishment employing 100 or more workmen (employment size reduced by some of
the State and Central Government to 50). The Act provides for laying down rules
governing the conditions of employment by the Employer on matters provided in the
Act and gets the same certified by the designated Authority.

L) Trade Unions Act 1926:- The Actlays the procedure for registration of trade unions of
workmen and employers. The Trade Unions registered under the Act have given certain
immunities from civil and criminal liabilities.

M) Child Labour (Prohibition & Regulation Act 1986 :- The Act prohibits employment
of children below 14 years of age in certain occupations and process and provides for
regulation of employment of children in all other occupations and processes.
Employment of Child Labour is prohibited in Building and Construction Industry.

N) Inter–State Migrant workmen’s (Regulation of Employment & Conditions of

service) Act 1979 :- The Actis applicable to an establishment which employs 5 or more
inter - state migrant workmen through an intermediary (who has recruited workmen one
state for employment in the establishment situated in another state). The inter-state
migrant workmen, is a establishment to which this Act becomes applicable, are required
to be provide certain facilities such as housing, medicalaid, traveling expenses from
home up to the establishmentand back, etc.

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 constructions work and employ 10 or more workers
are covered under this Act. All such establishments are required to pay cess at the rate
not exceeding 2% of the cost of constructionas may be modified by the government.
The Employer of the establishment is required to provide safety measures the Building
or construction work and other welfaremeasures, 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 Officers appointed by the Government.

P) Factories Act 1948 :- The Actlays down the procedure for approval of plans before
settingup a factory, health and safety provisions, welfare provisions, working hours,
annualearned leaveand rendering information regarding accidents or dangerous
occurrence to designated authorities. It is applicable to premises employing 10 persons
or more with aid of power or 20 or more persons without the aid of powers engaged in
the manufacturing process.
Sign.of the Contractor Sign. of the Executive Engineer 57
 Q) Royalty charges :- The contractor shall pay the royalty to the competent
authority as per rule. The royalty charges paid shall be borne by the contractor
and shall not be reimbursed by the Employer.

R) Following Pollution control Acts and amendments made there of from time
to time shall be applicable.

1. Water (Preservation and control of Pollution) Act, 1974

2. Air (Prevention and Control of Pollution Act 1981
3. Environmental (Protection) Act 1986
The contractor must commit to adopting Environmental management
plan for best energy use, waste management, the reduction of pollution as in
EMS (Environmental Management system) ISO-14001-2015
65. ARBITRATION (GCC Clause 24)
The procedure for arbitration will be as follows:-
24.1 If the Contractoris of the view that a decision taken by the Engineer was either
outside the authority given to the Engineer by the Contractor that the decision was
wrongly taken, the decision shall be referred to # Superintending Engineer (Higher
Authority) within 14 days of the notification of the Engineer's decision. If the issue
is not resolved, any party can refer the matter for conciliation within 15 days from
the decision given by the # Superintending Engineer.
24.2 (a) For the work upto Rs.100 Cr., if any of the parties is not satisfied with the
decision of the # Superintending Engineer, both the parties have to refer to the #
Chief Engineer concerned for the conciliation process.
(b) For the work more than Rs.100 Cr., if any of the partiesis not satisfied with the
decision of the Superintending Engineer, both parties have to refer to the #
Secretary, Roads & Building Department, Government of Gujarat for the
conciliation process. If the disputeis not resolved through the conciliation process,
contractor may refer the dispute to Gujarat Public Works Contract Dispute
Arbitration Tribunal. If the Contractor failed to refer a claim / dispute to the Higher
Authority within 14 days of the notification of the Engineer's decision, the
Contractor shall not been titled to any additional payment / claim if he doesn't
follow the above sequence of stipulated time. However, during such period, he
would not stop the work in any case.

Sign.of the Contractor Sign. of the Executive Engineer 58

 SECTION - 4
CONTRACT DATA

Sign.of the Contractor Sign. of the Executive Engineer 59

 # CONTRACT DATA

Item Clause respe marked“N/A”donot applyto this Contract. Reference With

ct To section 3

[CL.1.1]
1. The Employers is
Name : Executive Engineer, Panchayat (R&B) Division, Tapi-Vyara
Address: Block No 10 Jilla Seva Sadhan Building Vyara Tapi
Name of authorized Representative (will be intimated later)
2. The Engineer is Executive Engineer
Name of Authorized Representative: Shri. Dharmesh .A.PATEL
3. The Defects Liability Period is Five years from the date of completion. [CL.1.1&33]

4. The Start Date shall be 1st days for the date of issue of the Notice to [CL.1.1]
proceed with the work.

5. The Intended Completion Date for the whole of the works is [CL.1.1,17&2]
6 Months after start of work with the following mile stones:
Milestone dates: [CL.2.2&49.1]
Physical works to be completed Period from the start date
Milestone 1 i.e 25 % 45 days.
Milestone 2 i.e 50 % 46 days.
Milestone 3 i.e 75 % 45 days.
Milestone 4 i.e 100 % 46 days.

6. The Site is located at Pankhri Ta.Uchchhal Dist Tapi Gujarat [CL.1.1]

7. The name and identification number of the Contract is: [CL.1.1]
8. The works consist of Rs 2143058.16 with items as per B.O.Q. The works [CL.1.1]
shall, interalia, include the following, as Specified or as directed:

(A) Road Works

Site clearance; setting – out and layout; widening of existing carriage way and
strengthening including camber corrections; construction of new road / Parallel
service road; bituminous pavements remodeling / construction of Junctions, inter
sections, busbays, lay-bays; supplying and placing of drainage Channels, flumes,
guard posts and guard other related items; construction / extension of cross
drainage works, bridge, approaches and other related stones; protective works for
roads / bridge; all aspects of quality assurance of various components of the
works; rectification of The defects in the completed works during the Defects
Liability Period; submission of “As-built’’ drawings and any other related
documents; and other item of work as may be required to be carried out for
completing the work in accordance with the drawings and the provisions of the
contract and to ensure safety.
 (B) Bridge Works
Site clearance; settingout, provision of foundations, piers abutments
And bearing; prestressed / reinforced cement concrete superstructure;
Wearing coat, hand railings, expansion joints, approach slabs, drainages
Spouts / down take pipes, arrangements for fixing light posts, water
mains, utilities etc; provision of suitably designed protective works;
Providing wing/return walls; provision of road markings, road signs
etc.; all aspect so quality assurance; clearing the site and handing over
The works on completion; rectification of the defects during the Defects
Liability Period and submission of “As-built” drawings and other
Related documents; and other items of work as may be required to be
Carried out for completing the works in accordance with the drawings
And the provisions of the contract and to Insure safety

(C) Other Items [CL.1.1]

Any Other Items as required to fulfill all contractual obligations as per the Bid
documents.
10. The following documents also form part of the Contract: [CL.2.3(9)]
As per clause 2-3
11. The law which applies to the Contract is the law of Union of India [CL.3.1]

12. The language of the Contract documents is English [CL.3.1]

13. Limit of sub contracting 25% of the Initial Contract Price [CL.7.1]

14. The Schedule of Other Contractors [CL.8]

15. The Schedule of Key Personnel As per Annex– II to SectionI [CL.9]

16. The minimum insurance cover for physical property, injury and death [CL13]
Is Rs.5 lakhs per occurrence with the number of occurrences limited
To four. After each occurrence, the contractor will pay additional
premium necessary to make insurance valid for four occurrences
always.
17. Site Investigation report [CL.14]
18. The Site Possession dates shall be From the issued date of Work order [CL.21]
19. The period for submission of programme for approval of the engineer shall [CL.27.1]
be 21 days from the issue of Letter of Acceptance.
20. The period between program updates will be 45 DAY [CL.27.3]
21. The amount to be withheld for late submission of an updated programme [CL.27.3]
shall be Rs. Rs.100000 lakh
22. The following events shall also be Compensation Events [CL.44]
Sub stantially adverse ground conditions encountered during the
Course of execution of work not provided for in the bidding document.
(i) Removal of underground utilities detected sub sequently
(ii) Significant changes in classification of soil requiring
additional mobilization by the contractor, e.g. ordinary soil to
rock excavation,
(iii) Removal of unsuitable material like marsh, debris dumps,
etc. not caused by the contractor.
(iv) Artesian conditions
(iv) Seepage, erosion land slide
(v) Rivertraining requiring protection of permanent work
Sign.of the Contractor Sign. Of the Executive Engineer 65
 (vi)Presence of historical, archeological orreligious structures,
monuments interfering with the works
(viii) Restriction of access to ground imposed by civil, judicial, or
military authority
23. The currency of the Contract is Indian Rupees [CL.46]
24. The formula (e) for adjustment of prices areas under: [CL.47]
If any of the commodities like Cement, Steel or Bitumen are not found applicable in a work,
the weight component of that commodities {i.e. ‘Cement’ (Pc), ‘Steel’ (Ps) or ‘Bitumen' (Pb)
as indicated in SBD for the purpose of Price Adjustment} shall be clubbed with the weight
component of ‘Other Material’ (Pm), such that the gross % weight of the components shall
remain as 100%.

R = value of work as defined in Clause 47.1 of Conditions of Contract

(i) Price adjustment for increase or decrease in the cost due to labour shall be paid in
accordance with the following formula:

Adjustment for labourcomponent

VL= 0.85 x (Pl /100) x R x (Li– L0) / L0

VL= Increase or decrease in the cost of work during the month under consideration due
to changes in rates for local labour
L0 = The consumer price index for industrial workers for the State on 28 days
preceding the scheduled date of opening of technical Bids as published by 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 the Labour Bureau, Ministry of Labour,
Government of India.
Pl = Percentage of labor component of the work.

Adjustment for cement component.

(ii) Prices adjustment for increase or decrease in the cost of cement procured by the
contractor

Vc= 0.85 x (Pc/100) x Rx (Ci– C0)/C0

Vc = Increase or decrease in the cost of work during the month under consideration
due to changes in rates for cement.

C0 = The all India wholesale price index for Ordinary Portland Cement on 28 days
preceding the scheduled date of opening of technical bidas published by the
Office of the Economic Adviser, Department for Promotion of Industry and
Internal Trade, Ministry of Commerce & Industry.

Sign.of the Contractor Sign. Of the Executive Engineer

66
 Ci = The all India average wholesale price index for Ordinary Portland Cement for the month
under consideration as published by Office of the Economic Adviser, Department for
Promotion of Industry and Internal Trade, Ministry of Commerce & Industry.
Pc = Percentage of cement component of thework

Adjustment for steel component

(iii) Price adjustment for increase or decrease in the cost of steel procured by the
contractor shall be paid in accordance with thefollowing formula
Vs = 0.85 x (Ps/100) x R x (Si– S0)/S0

Vs = Increase or decrease in the cost of work during the month under consideration
due to changes in the rates for steel
So = The all India wholesale price index for steel (Mild Steel - Long Products Rebars) on
28day spreceding the date of opening of Bids as published by the Office of the
Economic Adviser, Department for Promotion of Industry and Internal Trade,
Ministry of Commerce & Industry.
Si = The all India average wholesale price index for steel (Mild Steel - Long Products
Rebars) for the month under consideration as published by Office of the
Economic Adviser, Department for Promotion of Industry and Internal Trade,
Ministry of Commerce & Industry.
Ps = Percentage of steel component of the work
Note: For the application of this clause, the index of Mild Steel - Long products
Rebars has been chosen to represent the steel group.

Adjustments of bitumen component

(iv) Price adjustment for increase in the cost of bitumen shall be paid in accordance
with the following formula

Vb= 0.85 x (Pb/100) x R x (Bi– B0)/B0

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 the IOC depotatthe nearest centre on the day
28 day sprior to the scheduled date of opening of technical bid.
Bi = the official retail price of bitumen of IOC depotatthe nearest centre for the 15th
day of the month under consideration.
Pb = Percentage of bitumen component of the work.

Sign.of the Contractor Sign. Of the Executive Engineer 67

 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 R x (Fi– F0)/F0

Vf = Increase or decrease in the cost of work during the month under consideration
due to changes in rates for fuel and lubricants.

Fo = The official retail price of High Speed Diesel (HSD) at the existing consumer
pumps of IOC at the nearest centre on the day 28 prior to the date of opening of
Bids.

Fi = The official retail price of HSD at the existing consumer pumps of IOC at the
nearest centre for the 15th day of the month of the under consideration.

Pf = Percentage of fuel and lubricants component of thework

Note: For the application of this clause, the price of High-Speed diesel Oil has been
chosen to represent the fuel and lubricants group.

Adjustment for Construction Machinery

(vi) Price adjustment for increase or decrease in the cost of plant and Machinery spare
procured by the Contractor shall be paid in accordance with the following
formula

Vp = 0.85 x (Pp/100) x R x (Pi– P0)/P0

Vp = Increase or decrease in the cost of work during the month under consideration
due to changes in rates for plant and machinery spares

P0 = The all India wholesale price index for manufacturer of machinery formining,
quarrying and Construction for the month under considerationas published
Office of the Economic Adviser, Department for Promotion of Industry and
Internal Trade, Ministry of Commerce & Industry.

Pi = The all India average wholesale price index for manufacturer of machinery for
mining, quarrying and Construction for the month under consideration as
published Office of the Economic Adviser, Department for Promotion of
Industry and Internal Trade, Ministry of Commerce & Industry.
Pp = Percentage of plant and machinery spares component of the work.
Note: For the application of this clause, index of Heavy Machinery and parts has been
chosen to represent the Plant and Machinery Spares group

Sign.of the Contractor Sign. Of the Executive Engineer 68

 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= 0.85 x (Pm/100) x R x (Mi– M0)/M0

Vm = Increase or decrease in the cost of work during the month under consideration
due to change in rates for local materials other than cement, steel, bitumen and
POL.

M0 = The All Indian wholesale price index (all commodities) on 28 days preceding the
scheduled date of opening of technical Bids, as published by the Office of the
Economic Adviser, Department for Promotion of Industry and Internal
Trade, Ministry of Commerce & Industry.

Mi = The All India wholesale price index (all commodities) for the month under
consideration as published by the Office of the Economic Adviser,
Department for Promotion of Industry and Internal Trade, Ministry of
Commerce & Industry.

Pm = Percentage of local material components (otherthan cement, steel, bitumen and

POL) of the work.

The following percentage will govern the price adjustment for the entire
contract:
1. Labour-Pl 30.18 %
2. Cement – Pc 12.33 %
3. Steel - Ps 27.67 %
4. Bitumen – Pb 0.00 %
5. POL- Pf 2.24%
6. Plant & Machinery Spares Pp 12.94 %
7. Other Materials - Pm 14.64%
--------------
Total. 100.00%
--------------
25. The proportion of payments retained (retention money) shall {CL.48}
Be 6% from each bill subject to a maximum of 5% of final Contract price.
26. Amount of Liquidated damages for For Whole of work
Delay in completion of works {CL.49}
(1/2000) th of the Initial contract

price, roundedoff to the nearest

Thousand, per day. For sectional
Completion (wherever specified
In item 6 of Contract data)
(1/2000)th of initial contract price
for # 5 km Section, roundedoff
to the nearest Thousand per day.

Sign.of the Contractor Sign. Of the Executive Engineer 69

 27. Maximum limit of liquidated damages 10 percent of the Initial {CL.49}
For delay in completion work Contract Price roundedoff to
the nearest thousand

28. Amount of Bonus for early completion Amount of bonus for

early completion of work shall be given as per CL.50 of Section - 3

29. Maximum limit of bonus for early 5 percent of the Contract {CL.50}
Completion of work Price

30. The amount of the advance payment are: {CL.51&52}

# Nature of Advances Amount (Rs.) Conditions to be fulfilled

i Mobilization 10% of the contract Price On submission of unconditional

Bank Guarantee. (To be drawn
before the end of 20% of the
contract period). The contractor may
furnish four bank guarantees of
2.5% of each valid for the full
period.

ii Equipment 90% for new and 50% of After recruitment is brought to site
depreciated value for old (provided the Engineer is satisfied
equipment. Total amount that the equipment is required for
will be subject to a performance of the contract) and on
maximum of 5% of the submission of unconditional Bank
Contract Price Guarantee for amount of advance.

iii Secured Deleted

Advancefor
Non-persish
ablematerial
brought to site

(The advance payment will be paid to the Contractor no later than 28 days after fulfillment
of the above conditions).
31. Repayment of advance payment for mobilization and equipment {CL.51.3}
the advance loan shall be repaid with percentage deduction from the interim payments
certified by the Engineer under the Contract. Deduction shall commence in the next
Interim Payment Certificate following that in which the

Sign.of the Contractor Sign. Of the Executive Engineer 70

 total of all such payments to the Contractor has reached not less than 20 percent of the
Contract Price or 6 (six) months from the date of payment of first installment of
advance, whichever period concluded earlier, and shall be made at the rate of 20
percent (collectively for both Mobilization Advance and Equipment Advance) of
the amounts of all Interim Payment Certificate until such time as the loan has been
repaid, always provided that the loan shall be completely repaid prior to the expiry of
the original time for completion pursuant to Clause 17 and 28.
32. Deleted
33. The securities shall befor the following minimum amounts equivalent {CL.52} As a
percentage of the Contract Price: Performance Security for 5 percent of contract price
plus Rs 108000.00 (to be decided after evaluation of the bid) as additional security in
terms of ITB Clause 29.5 The standard form of Performance security acceptable to
the Employer shall be an unconditional Bank Guarantee of the type as presented in
Section 8 of the Bidding Documents.
34. The Schedule of Operating and maintenance Manuals….. N/A. {CL.58}
35. The date by which “as–built” drawings (inscale as directed) in 2 sets {CL.58} are
required within 28 day soft issue of certificate of completion of the whole or section
of the work, as the case may be.
36. The amount to be with held for failing to supply “as built” drawings {CL.58} by the
Date required is Rs 0.10 Lakhs.
37. The following events shall also be fundamentals breach of contract: {CL.59.2} “The
Contractor has contravened Sub- clause 7.1 and Clause 9 of GCC”
38. The percentage to apply the value of the work not completed representing {Cl.60} the
Employer’s additional cost for completing the Works shall be 20 percent.

Sign.of the Contractor Sign. Of the Executive Engineer 71

 SECTION - 5
TECHNICAL SPECIFICATION

Sign.of the Contractor Sign. Of the Executive Engineer 72

 SECTION - 6
FORM OF BID

Sign.of the Contractor Sign. Of the Executive Engineer 73

 FORM OF BID

Description of the Works:

-------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------
BID
To :
Address :

1. We offer to execute the Works described above and remedy any defects the
reinin conformity with the conditions of Contract, specification, drawings, Bill of
Quantities and Addenda for the sum (s) of (--------------------------------------------------------
----------------------------------------------)

2. We under take, if our Bid is accepted, to commence the Works as soon as is reasonably
possible after the receipt of the Engineer’s notice to commence, and to complete the
whole of the Works in the Contact within the time stated in the document.

3. We agreed this before the period of 120 Days from the date fixed for receiving the same
and it shall remain binding uponitand may be accepted at any time before the expiration of
that period.

4. Unless and until formal Agreement is prepared and executed this is, to gether with your
written acceptance there of, shall constitute a binding contract between us.

5. We understand that you are not bound to accept the lowest or any tender you may receive.

Dated this ------------------------- day of----------------------------------- 20

Signature-------------------------------------------in the capacity of------------------------------

Duly authorized to sign bids for and on behalf of-----------------------------------------------

----------------------------------------------------------------------------------------------------------

(In block capitals or typed)

Sign.of the Contractor Sign. Of the Executive Engineer 74

 Address

Witness

Address

Occupation

Sign.of the Contractor Sign. Of the Executive Engineer 75

 SECTION - 7
BILL OF QUANTITIES

Sign.of the Contractor Sign. Of the Executive Engineer 76

 BILL OF QUANTITIES

Preamble

1. The bill of Quantities shall be read in conjunction with the Instructions to Bidder,
Conditions of Contract, Technical Specifications and Drawings.

2. The quantities given in the Bill of Quantities are estimated and provisional, and are
given to provide a common basis for bidding. The basis of payment will be the actual
quantities of work ordered and carried out, as measured by the Contractor and verified
by the Engineer and valued at the rates and prices tendered in the priced Bill of
Quantities, where applicable, and other wise at such rates and prices as the Engineer
may fix within the terms of the Contract.

3. The rates and prices tendered in the priced Bill of Quantities shall, except in so far as it
is other wise provided under the Contract, include all constructional plant, layout,
supervision, materials, erection, maintenance, insurance, profit, taxes and duties, to
gether with all general risks, liabilities and obligations setout orimpliedin the Contract.

4. The rates and prices shall be quotes entirely Indian Currency.

5. A rate or prices shall be entered against each item in the Bill Quantities, whether
quantities are stated or not. The cost of Items against which Contractor has failed to
enter rate in price shall be deemed to be covered by other rates and prices entered in the
Bill of Quantities (in case of Item rate contract).

6. The whole cost of complying with the provisions of the Contract shall be included in the
items provided in the priced Bill of Quantities, and where no Items are provided the cost
shall be deemed to be distributed among theratesand prices entered for the related items
of Work.

7. General direction and description soft work and materials are not necessarily repeated or
summarized in the Bill of Quantities. References to the relevant sections of the contract
documentation shall be made before entering rates or prices against each item in the Bill
of Quantities.

8. The method of completed work of payment shall be in accordance with the specification
for Road and Bridge works. For building works specifications for building are to be
followed.

9. Errors will be corrected by the Employer for any arithmeticerror pursuant to Clause 29
of the Instructions to Bidder.

10. Rock is defined as all materials which, in the opinion of the Engineer, required blasting,
or the use of metal wedges and sledgehammers, or the use of compressed air drilling for
its removal, and which cannot be extracted by ripping with a tractor of at least 150 kw
with a single rear mounted heavy duty ripper.

Sign.of the Contractor Sign. Of the Executive Engineer 77

 BILL OF QUANTITIES (A)
Percentage Rate Tender (Up to INR 50 Cr.)

Item Description of Item (with brief Quantity Unit Rate In Amount

No Specification and reference to book of figures
specifications)

Attached Saprate Sheet

TOTAL

I / Weam / are willing to carryout the work at…………………. % above/ below percent (Should
Be written in figures and words) of the estimated rate mentioned above Amount of my / our tender
works out as under.

Estimatedamount put to tender Estimatedamount put to tender

Deduct………% below Add………% Above
Net Net
In words In words

(B) For Item Rate Tender (For above INR 50 Cr.):

Item Description of Item (with Quantity Unit Rate Amount

No brief specification and
reference to book of In In Words
specifications) figures

(A) Total Tendered Amount

(B) Rebate on above tendered amount (if any) % (in figure)
………………………………………………. (In words)……………………………………
……………………………….………………………………………………………………..
(C) Net Tendered Amount (A-B) (in figure) …………………………………………………… (In
words)………………………………………………….………………………………………
……………………………...

#
1 The Contractor shall exhibition board with detailed specification and details of works directed
by the Engineer – In – Charge for which no extra payment shall bemade.
2 The labourcess will be deducted as per prevailing rules i.e. 1% of the work done.
3 GST and Income tax TDS will be deducted at a source while making payments of bills.
4 In all R.C.C. Items in Rate Analysis Standard Cement Consumption has been taken as per
Govt G.R.: PRC-10/2017 Cement Consumption/16/C Date: 11/05/2017 as stated in S.O.R.
therefore in R.C.C. items where the reisa change as per actual mix design the cost of difference
of cement consumption have been deducted from the rate of original item at the rate of input
rate mentioned in all the tender.

Sign.of the Contractor Sign. Of the Executive Engineer 78

 SECTION - 8
SECURITIES AND OTHER FORMS

Sign.of the Contractor Sign. Of the Executive Engineer 79

 BID SECURITY (BANK GUARANTEE)

WHERE AS, ---------------------------------------- (name of Bidder) (here in after

called the “The Bidder”) has submitted his bid Dated ------------------------ (Date) for the
construction of------------- (Name of Contractor here in after called “the Bid”)

KNOW ALLPEOPLE by these presents that We----------------------------------------

--------- (name of Bank) of--------------------------------------------- (name of country) having our
Registered office at------------------------------------------------------- (here in after
called “the bank”) are bound un to-------------------------------------------- (name of Employer)
(here in after called “The Employer”) in the sum of-----------------------------------------* for which
payment well and truly to be made to the said Employer the Bank it self, his successors and
assigns by these presents.

SEALED with the Common Seal of the said Bank this ----------------------day of------ 20
THE CONDITIONS of these obligations are:

(1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity
specified in the Form of Bid;
Or

(2) If the Bidder has been notified of the acceptance of his bid by the Employer during the
period of Bid Validity:

A Fails or refuses to execute the Form of Agreement in accordance with the

Instructions to Bidders, if required;
Or

B. Fails or refuse to furnish the Performance Security, in accordance with the

Instructions to Bidders;
Or

C. does not accept the correction of the Bid Price pursuant to Clause 27 (Correction
of Errors)

We under take to pay to the Employer up to the above amount up on receipt

of his first written demand, without the employer having to substantiate his demand,
provided that in his demand the Employer will note that the amount claimed by him is
due to himowing to the occurrence of one or any of the three conditions, specifying
the occurred conditions or conditions.

Sign.of the Contractor Sign. Of the Executive Engineer 80

 This Guarantee will remain in force up to and including the date-------------------**
days after the dead line for submission of Birds Such The Deadline stated in the
Instructions to Bidders or as it may be extended by the Employer, notice of which
extension (s) to the Bank is here by waived. Any demand in respect of this guarantee
should reach the Bank not later than the above date

DATE ----------------------------------- SIGNATURE------------------------------

WITNESS-------------------------------- SEAL--------------------------------------

(Signature, name and address)

 The Bidder should insert the amount of the guarantee inwords and figures
denominated in Indian Rupees. This figure should be the same as shown in
Clause 16.1 (Bid Security) of the Instructions to Bidders.

** 45 days after the end of the validity period of the Bid. Date should be inserted by
the Employer before the Bidding documents are issued.

Sign.of the Contractor Sign. Of the Executive Engineer 81

 PERFORMANCE SECURITY

TO,
------------------------------------------------------------------ (Name of Employer)
------------------------------------------------------------------- (Address of Employer)
-------------------------------------------------------------------

WHEREAS ----------------------------------------------------------- (name and address of

contractor) (here after called “the Contractor”) has under taken, in pursuance of Contracts
No. -------------------------Dates---------------------to execute----------------------------------------
(name of Contract and brief description of Works) (here in after called “The
Contract”)

ANDWHEREAS 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 the reinas
security for compliance with his obligation in accordance with the Contract.

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THERE FORE wehere by affirm that we are the Guarantor and responsible to you on
behalf of the Contractor, upto a total of------------------------------------------ (amount of
guarantee)*----------------------------(inwords), such sum being payable in types and
proportion of currencies in which the Contract price is payable, and we under take to pay
you, up on 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 the rein.

We here by waive the necessity of your demanding the said debt from the contractor before
presenting is with the demand.

We further agree that no change or addition to or other modification of the terms of the
Contract to of the Works to be per formed thereunder or of any of the Contract documents
which may be made between your and the Contractor shall in any way releaseus from any
liability under this guarantee, and wehere by waive notice of any such charge, addition or
modifications.

This guarantee shall be valid until 60 days from the date of expiring of the Defect Liabilities
period.

Signature and Seal of the guarantor------------------------------

Name of Bank---------------------------------------------------------

Address ---------------------------------------------------------------
Date -------------------------------------------------------------------

*An amount shall be inserted by the Guarant or, representing the percentage the
Contract price specified in the Contract de nominated in Indian Rupees.

Sign.of the Contractor Sign. Of the Executive Engineer 82

 ADDITIONAL PERFORMANCE SECURITY
[Clause 34.1. (A)]

TO,
------------------------------------------------------------------ (Name of Employer)
------------------------------------------------------------------- (Address of Employer)
-------------------------------------------------------------------

WHEREAS---------------------------------------------------- (Name and address of contractor)

(here after called “The Contractor”) has under taken, in pursuance of Contracts No. ----------
---------------Dates----------------------to execute------------------------------------------------------
(Name of Contract and brief description of Works) (here in after 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 there in as security for compliance with his obligation in accordance with the
Contract.

AND WHEREAS we have agreed to give the Contractors such a bank Guarantee:

NOW THEREFORE wehere by affirm that we are the Guarantor and responsible to you on
behalf of the Contractor, up to total of ------------------------------------------ (amount of
guarantee)---------------------------- (in words), such sum being payable in types and
proportions of currencies in which the Contract prices is payable, and we undertake to pay
you, up on your first written demand and without cavil or argument, any sum or sums
within the limits of ---------------------------------------- (amount of guarantee) as a fore said
without your needing to prove or to show grounds or reasons for your demand for the sum
specified the rein.
We here by waive the necessity of your demanding the said debt from the contractor before
presenting is with the demand We further agree that no change or addition to or other
modification of the terms of the Contract to of the Works to be performed thereunder or of
any of the Contract documents which may bemade between your and the Contractor shall in
any way release us from any liability under this guarantee, and i hereby waive notice of any
such charge, addition or modifications.

This guarantee shall bevalid until 28 days from the project completion date.

Signature and Seal of the guarantor-----------------------------

Name of Bank---------------------------------------------------------

Address ----------------------------------------------------------------

Date -------------------------------------------------------------------

Sign.of the Contractor Sign. Of the Executive Engineer 83

 BANK GUARANTEE FOR ADVANCE PAYMENT

TO,

-------------------------------------------------------------------------------- (Name of Employer)

-------------------------------------------------------------------------------- (Address ofEmployer)

-------------------------------------------------------------------------------- (Nameof Contractor)

Gentlemen:

In accordance with the provisions of the Conditions of Contract, sub-clause 51.1

(“Advance Payment”) of the above mentioned Contract,-------------------------------------------
(name and address of Contractor) (here in after called “the Contractor”) shall deposit with --
--------------------------------------------------- (name of Employer) a bank guarantee his
proper and faithful per formance 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 what so ever right of obligation on our part and without his first
claim to the Contractor, in the amount not exceeding----------------------------(amount of
guarantee)*------------------------------------------- (in words)

We further agree that no change or addition to or other modifications of the terms of

the Contractor or Works to be performed there under or of any of the Contract documents
which may be made between--------------------------------- (name of Employer) and the
Contractor, shall in any way release from any liability under this guarantee, and wehere by
waive notice of any such change, addition or modifications.
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.

YOUR’S TRULY

Signature and Seal

Name of Bank / Financial Institution Address___________________
_______________________________________________________
Date .

*An amount shall be inserted by that Bank or Financial Institution representing the
amount of the Advance Payment, and denominated in Indian Rupees.

Sign.of the Contractor Sign. Of the Executive Engineer 84

 Letter of Acceptance
(Letter head paper of the Employer)
(date)

To,
(Name and address of the Contractor)

Dear Sirs,

This is to notify you that your Bid dated for execution of the
(Name of the contract and identification number, as given in the Instructions to Bidders) for
the Contract Price of Rupees . () (amount in words and figures)
as corrected and modified in accordance with the Instructions to Bidders* is here by
accepted by our agency.

You are requested to furnish performance security, in the form detailed in

para 34.1 of ITB for an amount equivalent to Rs. Within 10 days of the receipt of this letter
of acceptance up to beyond 60 days from the date of expiry of defects Liability period i.e.
up to and the Additional Performance Security foran amount equivalent to Rs.
Shall be valid beyond 28 (twenty-eight) days of Project Completion Date i.e. up to and sign
the contract, failing which action as stated in Para 34.3 of ITB will betaken.

Yours Faithfully

Authorized Signature
Name and title of Signatory
Name of Employer

 Delete “Corrected and” or and modified if only one of the sections applies. Delete as
corrected and modified in accordance with the Instructions to Bidders, if corrections or
modifications have not been affected.

Sign.of the Contractor Sign. Of the Executive Engineer 85

 Issue of Notice to proceed with the work
(Letter head of the Employer)
------------------------------- (date)
To,
(Name and address of the Contractor)

Dear Sirs,

Pursuant to your furnishing the requisite security in ITB Clause 34.1 and signing
of the Contract for the construction of at abid
Price of Rs.
.

You are here by instructed to precede with the execution of the said works in
accordance with the contract documents.

Yours faithfully

(Signature, name and title of signatory authorized

To sign on behalf of Employer)

Sign.of the Contractor Sign. Of the Executive Engineer 86

 AGREEMENT FORM

This agreement, made on the day of between .

(Name and address of Employer) (Here in after called “the Employer) and .

(Name and address of contractor) here in after called “the Contractor” of the other part.

Where as the Employer is desirous that the Contractor execute .

Name and identification number of contract (here in after called “the works”) and the

employer has accepted the Bid by the Contractor for the execution and completion of such

works and there medying of any defects there in, at a cost of Rs. .

NOW THIS AGREEMENT WITNESSETH 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 here in after referred to and
they shall be deemed to form and be read construed as part of this Agreement.

2. In Consideration of the payment to bemade by the Employer to the contractor as here

in after mentioned, the Contractor here by covenants with the Employer to executive
and complete the works and remedy any defects the rein in conformity in all aspects
with the provisions of the contracts.

3. The employer here by covenants to pay the Contractor in consideration of the

execution and completion of the works and there medying the defects where in contract
price or such other sumasmay be come 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) Notice to proceed with the works:
iii) Contractor’s Bid
iv) Conditions of contract: General and Special
v) Contract Data
vi) Additional conditions
vii) Drawings
viii) Bill of Quantities and
ix) Any other documents listed in the Contract data as forming part of the Contract.

Sign.of the Contractor Sign. Of the Executive Engineer 87

 In witness where of the parties hereto have caused this Agreement to be
executed the day and year first before written
The Common seal of was he reun
to affix in the presence of:

Signed, sealed and Delivered by the said

In the presence of .

Binding signature of Employer

Binding Signature of Contractor

Sign.of the Contractor Sign. Of the Executive Engineer 88

 UNDERTAKING
(For Investment)

I, the undersigned do hereby undertake that our firm M/s ……………………

………………………………………………………..…………………………………
…………..would invest a minimum cash up to 25% of the value of the work during
implementation of the contract.

_
(Signed by an Authorized officer of the firm)

Title of officer

Name of firm

DATE

Sign.of the Contractor Sign. Of the Executive Engineer 89

 UNDERTAKING
(For Validity)

I, the under signed do here by under take that our firm M/s………………
…………………..………………………………..agree to abide by this bid for aperiod
............ .....................days for date fixed for receiving the same and it shall be binding on
us and may be accepted at any time before the expiration of that period.

_
(Signed by an Authorized officer of the firm)

Title of officer

Name of firm

DATE

Sign.of the Contractor Sign. Of the Executive Engineer 90

 SECTION - 9
DRAWINGS

Sign.of the Contractor Sign. Of the Executive Engineer 91

 SECTION - 10
DOCUMENTS TO BE FURNISHED BY BIDDER

Sign.of the Contractor Sign. Of the Executive Engineer 92