GOVERNMENT OF ASSAM

PUBLIC WORKS ROADS DEPARTMENT

Bidding Document for

Name of work:- Construction of (1)Kaziranga Bosapathar (Doomjan) Road, (2) 1st Km of Ahom
gaon Ali to Sapjuri Basti and (3) Diffoloopathar Maji Gaon Road (road near Robin
Choutal House to Majigaon connecting) under SOPD(G) for the year 2024-25
under Bokakhat & Dergaon Territorial road Division, Bokakhat LAC.

Package No:- BDTRD_SOPD(G)_24_25_02

BIDDING DOCUMENT

VOLUME-I

(Invitation for Bid, Instruction to Bidders, Form of Bid, Qualification Information,

Condition of Contracts, Technical Specifications, Bill of Quantities)

OFFICE OF THE EXECUTIVE ENGINEER, P.W.R.D.

BOKAKHAT & DERGAON TERRITORIAL ROAD DIVISION, BOKAKHAT
INVITATION FOR BID (NIT)

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 TENDER DETAILS

1.Electronic Tender No:

2.Package No: As detailed in the DNIT

3.Scope of Work : Construction of roads under SOPD-G for the year 2024-25

Sl. District. Package No. Name of Work Approx.value of works

No. (Rs in lakhs)
As detailed in the DNIT

4. Value of work (in Lakh.) : As detailed in the DNIT

5. Bid Security (in Rs.) : As detailed in the DNIT
6. Cost of Bid Document (in Rs.) : As detailed in the DNIT
7. Period of Completion : As detailed in the DNIT
8. Name of the Employer : Executive Engineer, PWRD
Bokakhat & Dergaon Territorial Road Division, Bokakhat.
9. Address for Paper Submissions and Opening: Executive Engineer, PWRD
Bokakhat & Dergaon Territorial Road Division, Bokakhat.
10. Class of contractor : As per Govt. Notification No. DA5R.132/2018/2, Dt. 20.07.2018

11.: The site for the work is available.

12. Details may be seen at www.assamtenders.gov.in from 16-12-2024 as well as in the office of the
Executive Engineer (Roads), PWRD, during office hours on any working day between Document download
start date to Bid submission closing date. Online submission of Tender Processing Fee, Bid Security,
Technical bid and Financial bid as specified in the 'Tender Time Schedule'.

13. a) Bidding documents must be submitted online on or before the expiry date of Submit Online Bid'
and offline Bidding documents must be submitted on or before the expiry date of ‘Online Bid Submission
EMD, Tech, Paper Financial’, as per the given Tender Schedule date unless the date is extended through a
corrigendum..
b) Both online and paper Bids will be opened at the start time for 'Open Technical' and ‘Open Financial’
(Separately for Technical and Financial Part) as specified in the Tender Schedule from the office of the
Executive Engineer (Roads), PWRD. If the office happens to be closed on the date of opening of the bids as
specified, the bids will be opened on the next working day at the same time and venue.
14.
Tender processing fee and Bid Security amount (EMD) against the work can be deposited online as per OM
No. FEB/269/2017/27 dated 21.08.2019. In case, the bidder wishes to submit Bid Security in the form of a
Bank Guarantee, the bidder is required to submit the same in favour of Executive Engineer, PWRD, Bokakhat
& Dergaon TR Division, Bokakhat from a Nationalized / Scheduled Commercial Indian Bank in hard copy
(original) in addition to uploading the Scanned copy as a part of the online bid submission. Hard copies in
original of Affidavit for correctness of information and Bank Guarantee for Bid Security (if applicable) has to
reach the employer as specified in ‘Tender Time Schedule’ before the expiry date.
15. The bid for the work shall remain valid for a period of 180 (one eighty) days after the deadline date for bid
submission. If any bidder/ tenderer withdraws his bid/ tender before the said period or makes any
modifications in the terms and conditions of the bid, the said Bid Security shall stand forfeited..
16. Other details can be seen in the bidding documents at www.assamtenders.gov.in from 16-12-2024 as well
as in the Office of the Executive Engineer, PWRD Bokakhat & Dergaon Territorial Road Division, Bokakhat
during office hours..
17. Bids may be submitted only in the following method: Item Rate method as per BOQ.
18. Wherever in the bid document reference to the Cost of Bid document is made, the meaning is
online payment only of Tender Processing Fee instead of demand draft or any other instruments
mentioned anywhere in the bid document. The word demand draft or any other forms of
submission, is deemed to be amended to online payment along with online submission of bid
document.
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 GOVERNMENT OF ASSAM
OFFICE OF THE EXECUTIVE ENGINEER, PWRD,
BOKAKHAT & DERGAON TERRITORIAL ROAD DIVISION, BOKAKHAT

List of Important Dates of Bids for Construction/Up gradation of Roads:

1.Name of Work: -As detailed in the NIT

PkgNo:- As detailed in the NIT

2. Completion Period for construction/ up gradation:As detailed in the NIT

3. Date of Issue of Notice Inviting Bid: 13/12/2024

4. Period and Places of Sale of Bidding Documents:

Period: As per tender time schedule
Place: Online (www.assamtenders.gov.in.)

5. Time, Date and Place of Pre-bid Meeting

Time & Date as per tender time schedule.
Place - Office of the Executive Engineer, PWRD, Bokakhat & Dergaon T.R. Division.

6. Time, Date and Place of submission of bid :

Time & Date as per tender time schedule.
Place - Office of the Executive Engineer, PWRD, Bokakhat & Dergaon T.R. Division.

7. Time and Date for opening Technical Bid/ Financial Bids: Time & Date as per tender time
schedule

Time and Date of opening Financial Bids:

Will be intimated later

8. Place of opening bids:

Office of the Executive Engineer, PWRD, Bokakhat & Dergaon T.R. Division.
9. Last Date of Bid Validity:
180 days from the date of opening of the bid.

10. Officer inviting Bids: Executive Engineer, PWRD, Bokakhat & Dergaon T.R. Division.

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 Appendix to Tender Schedule

Note:

1. The non-refundable tender processing fee as specified in the DNIT against the work must be deposited
online as per instructions given vide as per OM. No. FEB.269/2017/27 dated 21.08.2019. Tender
processing fee in any other form will not be accepted

2. Bid Security amount as specified in the DNIT against the work can be deposited online as per OM No.
FEB.269/2017/27 dated 21.08.2019. In case, the bidder wishes to submit Bid Security in the form of a
Bank Guarantee, the bidder is required to submit the Bank Guarantee in favour of Executive Engineer
PWRD, Bokakhat & Dergaon T.R. Division, Bokakhat from a Nationalized/ Scheduled Commercial
Indian Bank in hard copy (original) in addition to uploading the Scanned copy as a part of the online bid
submission

3. Exemption of 50% of Bid Security is granted to unemployed Engineering graduate/ Diploma holders and
for contractors of reserved category ie ST/SC/OBC/MOBC..

4. Submission of Technical Bid along with Tender Processing Fee and Bid Security both on-line and
manually on or before 14:00 hrs of 23.12.2024

5. Dates of opening Technical Bid and Financial Bid are tentative.

6. In case, if any holiday falls in any sequence, next working day will be considered

7. Pre-bid meeting: A pre-bid meeting will be held as per tender time schedule and venue specified to clarify
the issues and to answer questions on any matter that may arise at that stage as stated in Clause 9.2 of
‘Instructions to Bidders’ of the bidding document.

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Bid security Details

Name of the Bank:

Branch:

Type of EMD:

Amount of EMD:

Valid From:

Valid To:

Reference Number:

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NOTICE IMPORTANT DOCUMENTS

Notice:

The following documents will form part of the tender document

1. Section 1 (ITB)
2. Section 2 (Qualification information)
3. Section 3 (Conditions of contract)
4. Section 4 (Contract data)
5. Section 5 (Technical specification)
6. Section 6 (Form of bid)
7. Section 7 Bill of quantities
8. Section 8 Special Condition of Contract
9. Section 9 Securities and other forms
10. Section 10 Drawings

Note:- Section-6 and 7 are to be submitted separately in Vol.-II

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 SECTION 1
INSTRUCTIONS TO BIDDERS
(ITB)

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 Section 1: Instructions to Bidders
Table of Clause

A. General E. Bid Opening and Evaluation

1. Scope of Bid 23. Bid Opening

2. Source of Funds 24. Process to be Confidential
3. Eligible Bidders 25.Clarification of Financial bid

4. Qualification of the Bidder 26. Examination of Bids and

Determination of
Responsiveness
5. One Bid per Bidder 27. Correction of Errors
6. Cost of Bidding 28. Deleted
7. Site Visit 29. Evaluation and Comparison
of Financial Bids
B. Bidding Documents 30. Deleted

F. Award of Contract
8. Content of Bidding 31. Award Criteria
Document 32. Employer’s Right to
9. Clarification of Bidding Accept any Bid and to
Documents reject any or all Bids

10. Amendment of Bidding 33. Notification of Award

Documents and Signing of Agreement
34. Performance Security
C. Preparation of Bids 35. Deleted.
11. Language of Bid
12. Documents Comprising
the Bid 36. Dispute Review Expert
13. Bid Prices 37. Corrupt of Fraudulent
14. Currencies of Bid and Practices
Payment
15. Bid Validity
16. Bid Security
17. Alternative Proposals
by Bidders
18. Format and Signing of Bids

D. Submission of Bids
19. Sealing and Marking of Bids
20. Deadline for Submission of Bids
21. Late Bids
22. Modification and Withdrawal of Bids
21. Late Bids
22. Modification and Withdrawal of Bids

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 A. GENERAL

1. Scope of Bid
1.1 The Executive Engineer, PWRD, Bokakhat & Dergaon Territorial Road Division, Bokakhat
on behalf of the Governor of Assam (referred to employer in this document) invites bids for
the construction of works "(as defined in these documents and referred to as “the works)
detailed in the table given in NIT. The bidders may submit bids for any or all of the works
detailed in the table given in DNIT.

1.2 The successful bidder will be expected to complete the works by the intended completion date
specified in the Contract data.
1.3 Throughout these bidding documents, the terms “bid” and “tender” and their derivatives
(bidder/tenderer, bid/tender, bidding/tendering, etc.) are synonymous.
2. Source of Funds
2.1 Not yet sanctioned.

3. Eligible Bidders
3.1 This invitation for Bids is open to all bidders.
3.2All 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
of supervision of the works, and any of its affiliates shall not be eligible to bid.

4. Qualification of the Bidder

4.1All 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 programme 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 Prequalification Condition. Deleted
4.3 All bidders shall furnish the following information in Section 2.

a. Evidence of access to or availability of credit facilities (minimum 10% of

notified contract value) certified by the bankers (un conditional) not more than
3months old.
b. Power of attorney.
c. Copies of original documents defining the constitution of legal status, place of
registration, and principal place of business; written power of attorney of the
signatory of the Bid to commit the Bidder.
d. Total monetary value of civil construction work performed for each of the last five
years.
e. Experience in works of a similar nature and size for each of the last five years, and
details of works underway or contractually committed; and clients who may be
contracted for further information on those contracts;
f. Affidavit of Major items of construction equipment proposed to carry out the
Contract.

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 g. Qualifications and experience of key site management and technical personnel
proposed for Contract.
h. Reports on the financial standing of the Bidder, such as profit and loss statements
and auditor’s report for the past five years;
i. Authority to seek references from the Bidder’s bankers;
j. Information regarding any litigation, current or during the last five years, in which
the Bidder is involved, the parties concerned, and disputed amount.
k. The proposed methodology and work programme of construction, backed with
equipment planning and deployment, duly supported with broad calculations and
quality control procedures proposed to be adopted, justifying their capability of
execution and completion of the work as per technical specifications within the
stipulated period of completion as per milestones.
l. Copy of PAN Card
m. VAT /GST clearance certificate.
n. Undertaking of Technical key persons proposed by the bidder with attested copies
of Certificate of academic qualification, passport size photographs, complete postal
/e-mail address, contact no. & details of their past experience with project names.
o. Certificate of executed quantities of work done in any one year of the last 5 (five)
years, issued by the authorized Engineer in-charge.
p. List of existing commitments showing value of remaining works. Certificate to be
obtained from the authorized Engineer in-charge.
q. Undertaking for investment of minimum cash up to 25% of the value of the work
during implementation of the contract.
r. Scanned copies of online payment receipt of Tender Processing Fee and Bid Security
amount specified for the work.
s. Original affidavit of correctness of information.

4.4 Bids from Joint ventures are acceptable.

a) Deleted.
b) Deleted.
c) Deleted.
d) Deleted.

4.5 (A) To qualify for award of the contract, each bidder in its name should have in the
last five years, i.e. 2019-20, 2020-21, 2021-22, 2022-23 & 2023-24.

a) Achieved a minimum annual financial turnover (in all classes of civil engineering
construction works only) of 67%of the NIT value, amount as indicated in Appendix
in any one year (Cost of completed works of previous years shall be given weightage
of 10% per year base on rupee value to bring them to present price level)
b) Satisfactory completed (not less than 90% of contract value), as a prime contractor at
least one similar work of value not less than 1/3 (one third) of the DNIT value.
Document for one authenticate single similar work should be furnished. (Cost of
completed works of previous years shall be given weightage of 10% per year base on
rupee value to bring them to present price level)
c) Executed in any one year, the minimum quantities of the major items of work as
indicated in Appendix (usually not less than 40% of the estimated quantity).
d) The prospective tenderer should not have abandoned any works under PWD
(Roads) Deptt. nor should any contract for works under PWD(Roads) Deptt.
have been rescinded in the last five years.
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B. Each bidder should further demonstrate:

a) Availability (either owned or leased) of the following key and critical equipment for
this work: [Refer Annexure-I].
b) Availability of key personnel for this work with adequate experience as required; as
per Annexure-II. The contractor should further note that the key personnel named
in the Technical Bid/Credential submitted by him, should be present during
inspection by higher officers of the department. Any change of the key personnel by
the contractor should immediately be reported to the Engineer.
c) Liquid assets and/ or availability of credit facilities of not less than 10% of the
estimated cost of the package (credit line / letter of credit/ certificate from banks).
The certificate from the bank should be in the prescribed Sample Format given in
Section – 2 (Qualification Information).
C. To qualify for a package of contracts made up of this and other contracts for which bids
are invited in the NIT, the bidder must demonstrate having experience and resources
sufficient to meet the qualifying criteria for the individual contracts.

4.6 Deleted

4.7 Bidders 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 bid value. The available capacity will be calculated as under:

Assessed available bid capacity = (A*N*2-B)

Where
A= Maximum value of civil engineering works executed in any one year during the
last five years (updated to the price level of the year indicated in Appendix) rate of
inflation may be taken as 10% per year taking into account the completed as well as works
in progress.

N = Number of years prescribed for completion of the works for which bids are invited.
(Completion time up to 6 month, it will be ½ and for 6 to 12 month it will be 1)

B = Value (updated to the price level of the year indicated in Appendix) of existing
commitments and ongoing works to be completed during the next financial year
(period of completion of works for which bids are invited).

Note: The statements showing the value of existing commitments and ongoing works as
well as the stipulated period of completion remaining for each of the works listed
should be countersigned by the Engineer in charge, not below the rank of an
Executive Engineer or equivalent.
4.8. Even though the bidders meet the above qualifying criteria, they are subject to be disqualified,
if they have:

➢ Made misleading or false representations in the forms, statements and enclosures submitted
as a proof of the qualification requirements; and/or
➢ Record of poor performance such as abandoning the works, not properly completing the
contract, inordinate delays in completion, litigation history and financial failure etc.

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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 for a particular package will be liable to disqualified not only for that
work but for subsequent work also.

6. Cost of Bidding
6.1 The bidder shall bear all costs associated with the preparation and submission of his Bid, and
the Employer will in no case responsible or liable for re-imbursement of such expanses
regardless of the contract or outcome of the bidding process.

7. Site visit

7.1 The bidder, at the Bidder’s own responsibility and risk is encouraged to visit and examine the
site of works and its surroundings and obtain all information that may be necessary for
preparing the Bid and entering into a contract for construction of the works. The costs of
visiting the site shall be at the bidder’s own expense.

B. BIDDING DOCUMENTS

8. Content of Bidding Documents.

8.1 The set of bidding documents comprises the documents listed below and addenda
issued in accordance with clause 10;
Section Particulars Volume No.
Invitation for Bid Vol. I
1 Instruction to Bidder Vol. I
2 Qualification information and other forms Vol. I
3 Conditions of contract Vol. I
4 Contract Data Vol. I
5 Technical Specifications Vol. I
8 Securities and other forms Vol. I
9 Drawings Vol. I
6 Form of Bid Vol. II
7 Bill of Quantities Vol. II
10 Documents to be furnished by bidder Vol. I

8.2 Deleted
8.3 The Bidder is expected to examine carefully all instructions, conditions of contract,
contract date, forms, terms, technical specifications, bill of quantities, forms,
Annexes in the Bid Documents. Failure to comply with the requirements of Bid
Documents shall be at the bidder’s own risk. Pursuant to clause 26 hereof, bids
which are not substantially responsive to the requirements of the Bid Documents
shall be rejected.

9. Clarification of Bidding Documents

9.1 A prospective bidder requiring any clarification of the bidding documents may
notify the Employer in writing 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 7 (seven) days prior to the deadline for submission of bids. Copies of the
Employer’s response will be forwarded to all purchasers of the bidding documents,
including a description of the enquiry but without identifying its source.

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 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 indicated in 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 is requested to submit any questions in writing or by cable to reach the
Employer not later than one week before the meeting.

9.2.4 Minutes of the meeting, including the text of the questions raised (without
identifying the source of enquiry) and the responses given will be transmitted without
delay to all purchasers of the bidding documents. Any modification of the bidding
documents listed in Sub-Clause 8.1, which may become necessary as a result of the
pre-bid meeting shall be made by the Employer exclusively through the issue of an
Addendum pursuant to Clause 10 and not through the minutes of the pre-bid meeting.

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

10. Amendment of Bidding Documents.

10.1 Before the deadline for submission of bids, the Employer may modify the bidding
documents by issuing addenda.
10.2 Any addendum thus issued shall be part of the bidding documents and shall be
communicated in writing to all purchasers of the bidding documents. Prospective
bidders shall acknowledge receipt of each addendum in writing or by cable to the
Employer. The Employer will assume no responsibility for postal delays.
10.3 To give prospective bidders reasonable time in which to take an addendum in to
account in preparing their bids, the Employer may, at his description, extend as
necessary the deadline for submission of bids, in accordance with Sub-Clause 20.2
below.

C. PREPARATION OF BIDS
11. Language of the Bid
11.1 All documents relating to the bid shall be in the English language.

12. (A) Documents comprising the Bid

12.1 The bid to submit by the bidder (refer Clause 8.1) shall be in 2(two) separate parts
i.e. Technical and Price (Financial) bids :
Part I shall be named "Technical Bid" and shall comprise
(i) Bid Security in the form specified in Section 9 (if furnished in the form of BG).
(ii) Qualification information and supporting documents as specified in Section 2.
(iii) Certificates, undertakings, affidavits as specified in Section 2.
(iv) Any other information pursuant to Clause 4.3 of these instructions.
(v) Undertaking that the Bid shall remain valid for the period specified in Clause 15.1
(vi) Acceptance/non-acceptance of Dispute Review Expert proposed in Clause 36.1
(vii) Authority to check reference from the bidders Bankers (Clause 4.3.1)
(viii) Affidavits of tools and machineries etc

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(ix) Undertaking of Technical key persons proposed by the bidder with attested copies of
Certificate of academic qualification, Passport size photograph, complete postal /e-mail
address, contact No & details of past experience with project names
(x) Detailed Methodology & work programme
(xi) Litigation history
(xii) Bank’s liquidity certificate in prescribed format (unconditional)
(xiii) Cost of bid document through online transaction
(xiv) Certificate of similar nature of work done , completed in last 5 (five) years, issued by the
authorized Engineer in-charge.
(xv) Certificate of executed quantities of work done in last 5 (five) years, issued by the
authorized Engineer in-charge.
(xvi) List of existing commitments with value of remaining work as on the date of submission of
Bid
(xvii) Audited Balance sheet of last 5 (five) years.

Part II shall be named " Financial Bid" to be submitted through on-line only, and shall
comprise
(i) Form of Bid as specified in Section 6
(ii) Priced Bill of Quantities for items specified in Section 7

B The bidders shall submit the bid as follows:-

a) Technical and Price (Financial) bids in online mode only along with Scanned copies of online
payment receipt of Tender Processing Fee and Bid Security.
b) Hard Copies in Original are to be submitted for the following:
i) Affidavit for Correctness of Information.
ii) Bid Security in the form of Bank Guarantee in favour of Concerned Executive Engineer
PWD (Roads) in Original, if applicable.
iii) Bank’s credit certificate in prescribed format (unconditional) iv) Any other Affidavit
required to be submitted.

The above shall then be put inside one outer envelope. The printout of Bid Acknowledgement
from www.assamtenders.gov.in shall be pasted on the outer envelope

12.2 The Bidder shall prepare Technical Bid one for submission through on line and
another hard copy for manual submission. The information/particulars/data
required for the technical bids should invariably be filled up as per prescribed
formats and all pages including supporting documents should be marked.
12.3 Following documents, which are not submitted with the bid, will be deemed to be
part of the bid.

Section Particulars Volume No.

Press Notice inviting tenders,
Corrigendum Invitation for Bids Vol.-I
(NIT)
1 Instructions to Bidders Vol.-I
3 Conditions of Contract Vol.-I
4 Contract Data Vol.-I
5 Technical Specifications Vol.-I
9 Drawings Vol.-I
15
13. Bid Prices
13.1 The contract shall be for the whole works as described in Sub-Clause 1.1, based on 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 works) for all
items of the Works described in 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 Employer when executed and shall be deemed covered by the other rates and
prices in the Bill of Quantities. Corrections, if any, shall be made by crossing out, initialing,
dating and rewriting.
13.3 All duties, taxes, and other levies payable by the contractor under the contracts, or for any other
cause shall be included in the rates, prices and total Bid price submitted by the bidder.
13.4 Deleted

14. Currencies of Bid and Payment

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

15. Bid Validity

15.1 Bids shall remain valid for period not less than 180 days after the deadline date for bid
submission specified in Clause 20. A bid valid for a shorter period shall be rejected by the
Employer as non-responsive. In case of discrepancy in bid validity period between that
given in the undertaking pursuant to Clause 12.1 (v) and the Form of Bid submitted by the
bidder, the latter shall be deemed to stand corrected in accordance with the former and the
bidder has to provide for any additional security that is required.
15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may
request that the bidders may extend the period of validity for a specified additional period.
The request and the bidder’s responses shall be made in writing or by cable. A bidder may
refuse the request without forfeiting his bid security. A bidder agreeing to the request will
not be required or permitted to modify his bid except as provided in 15.3 hereinafter, but
will be required to extend the validity of his bid security for a period of the extension, and
in compliance with Clause 16 in all respects.
15.3 Deleted

15.4 Bid evaluation will be based on the bid prices without taking in to consideration the above
correction.

16. Bid Security

16.1 The Bid Security amount as specified against the work can be deposited online as per OM
No.FEB.269/2017/27 dated 21.08.2019 (enclosed). In case, the bidder wishes to submit Bid
Security in the form of a Bank Guarantee, the bidder is required to submit the Bank Guarantee
in favour of concerned Executive Engineer (Roads) PWRD, as specified under Section 9
from a Nationalized/ Scheduled Commercial Indian Bank in hard copy (original) in addition
to uploading the Scanned copy as a part of the online bid submission.

16.2 Bank Guarantee (and other instruments having fixed validity) issued, as surety for the bid shall
be valid for 45 days beyond the validity of the Bid.
16.3 Any Bid not accompanied by an acceptable Bid Security and not secured as indicated in Sub-
Clauses 16.1 and 16.2 above shall be rejected by the Employer as non-responsive.

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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 be forfeited

(a) If the Bidder withdraws the Bid after Bid opening during the period of Bid validity.
(b) If the Bidder does not accept the correction of the Bid price, pursuant to Clause 27; or
(c) In the case of a successful Bidder, if the Bidder fails within the specified time limit to
i) Sign the Agreement; or ii) Furnish the
required Performance Security

17. Alternative Proposals by Bidders

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

18. Format and Signing of Bid

18.1 The Bidder shall submit both technical and financial bids through on-line. One hard copy of
technical bid along with supporting documents (Affidavits, Bid security, undertakings in
original & other certificates attested by a gazetted officer) of the documents comprising the
bid as described in Clause 12 of these Instructions to Bidders, bound with the volume
containing the “Technical Bid” and clearly marked
“HARD COPY of Technical bid”. In the event of discrepancy between on line & manual
technical bid, the online bid shall Prevail and will be considered for evaluation.

18.2 The hard copy of technical Bid (supporting documents only attested by a gazetted officer) as
per clause 12.1 of the ITBshall be signed by a person or persons duly authorized to sign on
behalf of the Bidder, as also pursuant to Sub-Clause 4.3. All pages of the bid where entries
or amendments have been made shall initiated by the person or persons signing the bid.

18.3 The Bid shall contain no alterations or additions, except those to comply with instructions
issued by the Employer, or as necessary to correct errors made by the bidder, in which case
such corrections shall be initiated by the person or persons signing the bid.

D. SUBMISSION OF BIDS
Only on-line bids will be accepted. Both technical & financial bids will have to be submitted
through on-line mode only. However, hard copy of Affidavit/ Bid Security as specified in
clause 12.1 of the ITB is to be submitted as per schedule and location specified.
19. Bidding through E-Tendering System:
19.1 The bidding under this contract is electronic bid submission through website http://
www.assamtenders.gov.in. Detailed guidelines for viewing bids and submission of
online bids are given on the website. The Invitation for Bids is published on this
website. Any citizen or prospective bidder can logon to this website and view the
Invitation for Bids and can view the details of works for which bids are invited. The
perspective bidder can submit bids on-line; however, the bidder is required to have
enrolment/registration in the website and should have valid Digital Signature
Certificate (DSC) in the form of smart card/e-token. The DSC can be obtained from
any authorised certifying agencies. The bidder should register in the web site http://
17
 www.assamtenders.gov.in using the relevant option available. Then the Digital
Signature registration hasto be done with the e-token, after logging into the site. After
this, the bidder can login the site through the secured login by entering the password of
the e-token & the user id/ password chosen during registration.
After getting the bid schedules, the Bidder should go through them carefully and then submit
the documents as asked, otherwise, the bid will be rejected.

The completed bid comprising of documents indicated in ITB clause 12, should be uploaded
on the website given above through e-tendering along with scanned copies of requisite
certificates as are mentioned in different sections in the bidding document and scanned copy
of bid security in case it is provided in the form of BG.
The bidder shall furnish information as described in the Form of Bid on commissions or
gratuities, if any, paid or to be paid to agents relating to the Bid, and to contract execution if
the bidder is awarded the contract.
19.2 Electronic Submission of Bids:
The bidder shall submit online the requirements under qualification criteria and Technical and
Financial parts. The contents of the Post Qualification and Technical and Financial bid shall
be as specified in clause 12 of the ITB.
A) On-line :Technical Bid with scanned copies of Bid security, cost of document and other
supporting documents like (i) Certificate of similar nature of work done , completed in last 5
(five) years (ii) affidavit with photographs of machineries /equipments registered. in a court of
Law affirming that he will use the stated machineries/ equipments to carry out the contract (iii)
Undertaking of Technical key persons proposed by the bidder (iv) credit facilities (minimum
10% of notified contract value) certified by the bankers(v) Certificate of executed quantities
of work done in last 5 (five) years (vi) Undertaking for investment of minimum cash up to 25%
of the value of the work & affidavits etcas per clause
12.1 of the ITB

Financial Bid (BOQ & Form of Bid) (Only On-line) should be submitted separately as
VOLUME-II. Bid will be rejected/ cancelled if Financial Bid submitted off-line/hard
copy.

B) Off- line :Hard Copies in Original of Affidavit for Correctness of Information, Bid Security in
the form of Bank Guarantee, Bank’s credit certificate and any other Affidavit required to be
submitted as per clause 12.1 of the ITB.
The Bidder shall seal the hard copies in one envelope duly marking the envelope as
“HARD COPIES: to be opened not before as per tender schedule (date & time of
Technical Bid opening)”.
The Bidder shall also paste the printout of Bid Acknowledgement from
www.assamtenders.gov.in on the outer envelope.
In addition to the identification above, the envelope shall indicate the name and
address of the bidder to enable the bid to be returned unopened in case it is declared
late, pursuant to Clause 21, or the Evaluation Committee declares the bid as non-
responsive pursuant to Clause 23

20. Deadline for Submission of the Bids

20.1 Complete Bids (including Technical and Financial) must be received by the
Employer at the address specified above and not later than the date indicated in
appendix. In the vent of the specified date for the submission of bids declared a

18
 holiday for the Employer, the Bids will be received up to the appointed time on the
next working day.
20.2 The Employer may extend the deadline for submission of the bids by issuing an
amendment in accordance with clause 10, in which case all rights and obligations of
the Employer and the bidders previously subject to the original deadline will then
be subject to the new deadline.

21. Late Bids

21.1 The electronic bidding system would not allow any late submission of bids after due date and
time as per server schedule. Any Hard Copies received by the Employer after the deadline
prescribed in Clause 20 will be returned unopened to the bidder.

22. Modification and Withdrawal of Bids

22.1 Bidders may modify or withdraw their bids by giving notice in writing before the deadline
prescribed in Clause 20.

22.2 Formodification of bids, the bidder need not make any additional paymenttowardsthe cost of
tender document. For bid modification and consequential re-submission, the bidder is not
required to withdraw his bid submitted earlier. The last modified bid submitted by the
bidder within the bid submission time shall be considered as the bid. For this purpose,
modification/withdrawal by other 19 means will not be accepted. In on line system of bid
submission, the modification and consequential re-submission of bidsis allowed any
number of times. The bidders may withdraw his bid by uploading their request before the
deadline for submission of bids, however, if the bid is withdrawn, the resubmission of the
bid is not allowed.
22.3 No bid may be modified after the deadline for submission of Bids.
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 extended
pursuant to Clause 15.2 may result in the forfeiture of the Bid security pursuant to Clause
16.
E. BID OPENING AND EVALUATION
23. Bid Opening
23.1 The Employer will open all the Bids received (except those received late), including
modifications made pursuant to Clause 22, in the presence of the Bidders or their
representatives who choose to attend at time, date and place specified in Appendix in the
manner specified in Clause 20 and 23.3. In the event of the specified date of Bid opening
being declared a holiday for the Employer, the Bids will be opened at the appointed time
and location on the next working day.
23.2 Envelopes marked “WITHDRAWAL” shall be opened and read out first, Bids for which an
acceptable notice of withdrawal has been submitted pursuant to Clause 22 shall not be
opened.
23.3 Before opening the envelope containing hard copy of “Technical Bid” documents, envelope
containing scanned copies of online payment of tender processing fee & bid security will
be opened first. The amount, form and validity of the bid security and tender processing
fee 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 Appendix to ITB and has
not been furnished in the form specified in Clause 16, the online technical bid and the
online financial bid will be destroyed and all papers submitted with manual technical
bid will be returned unopened to the bidder.

19
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) After receipt to confirmation of the bid security, the bidder will be asked in
writing(usually) within 10 days of opening of the Technical Bid) to clarify or modify
histechnical bid, if necessary, with respect to any rectifiable defects.
iii) The bidders will respond in not more than 7 days of issue of the clarification
letter,which will also indicate the date, time and venue of opening of the Financial
Bid(usually on the 21st day of opening of the Technical Bid).
iv) As soon as possible, the Evaluation Committee will finalize the list of responsive
bidders whose financial bids are eligible for consideration.
v) The Employer shall inform the bidders, whose technical bids is found responsive, of
the date, time and place of opening of the financial bids. The bidders so informed , or their
representative, may attend the meeting of opening of financial bids
23.5 If, as a consequence of the modification carried out by the bidder in response to
subclause 23.4, the bidders desire to modify their financial bid, they will submit
themodification in separate sealed envelope so as to reach the Employer’s address
(referSub-Clause 19.2) before the opening of the financial bid as intimated in the
clarificationletter (refer sub-clause 23.4). The envelope shall have clear marking
“MODIFICATIONTO FINANCIAL BID-Not to be opened except with the
approval of the EvaluationCommittee”.
23.6 At the time of opening of “Financial Bid”, the names of Bidders were found
responsive in accordance with clause 23.4 (iv) will be announced. The bids of only
these bidders will be opened. The remaining bids will be returned to the bidders
unopened. The responsive Bidders’ names, the Bid prices, the total amount of each
Bid, any discounts, Bid Modifications and withdrawals, and such other details as the
Employer may consider appropriate, will be announced by the Employer at the
opening. Any Bid price or discount, which is not read out and recorded, will not be
taken in to account in Bid Evaluation.
23.7 In case bids are invited in more than one package, the order for opening of the
“Financial Bid” shall be that in which they appear in the “Invitation for Bid”.
23.8 The Employer shall prepare minutes of the Bid opening, including the information
disclosed to those present in accordance with Sub-Clause 23.6.
24. Process to be Confidential
24.1 Information relating to the examination, clarification, evaluation and comparison of Bids and
recommendations for the award of a contract shall not be disclosed to Bidders or any other
persons not officially concerned with such process until the award of the successful Bidders
has been announced. Any effort by Bidder to influence the Employer’s processing of Bids
or award decisions may result in the rejection of his Bid.
25. Clarification of Financial Bids
25.1 To assist in the examination, evaluation and comparison of Bids, the Employer may, at his
discretion, ask any Bidder for clarification of his Bid, including breakdown of unit rates. The
request for clarification and the response shall be in writing or by cable, but no change in
the price of substance of the Bid shall be sought, offered or permitted except as required to
confirm the correction of arithmetic errors discovered by the Employer in the evaluation of
the Bids in accordance with Clause 27.
25.2 Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating to
his bid from the time of the bid opening to the time of the contract is awarded. If the
Bidder wishes to bring additional information to the notice of the Employer, it should be
do so in writing.
25.3 Any effort by the Bidder to influence the Employer in the Employer’s Bid evaluation, bid
comparison or contract award decisions may result in the rejection of the Bidder’s bid.
20
26. Examination of Bids and Determination of Responsiveness
26.1 During the detailed evaluation of “Technical Bids”, the Employer will determine whether each
Bid (a) meets the eligibility criteria defined in Clause 3 and 4, (b) has been properly signed;
(c) is accompanied by the required securities and (d) substantially responsive to the
requirement of the Bidding documents. During the detailed evaluation of the “Financial
Bid”, the responsiveness of the bids will be further determined with respect to the remaining
bid conditions i.e., priced Bill of Quantities, Technical specifications, and Drawings.
26.2 A substantially responsive “Financial Bid” is one which conforms to all the terms, conditions,
and specifications of the Bidding documents, without material deviation or reservation. A
material deviation is one (a) which affects in any substantial 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 contract; or
(c) whose rectification would affect unfairly the competitive position of other Bidders
presenting substantially responsive Bids.
26.3 If a “Financial Bid” is not substantially responsive, it will be rejected by the Employer, and may
not subsequently be made responsive by correction or withdrawal of the nonconforming
deviation or reservation.
27. Correction of Errors
27.1 “Financial Bids” determined to be substantially responsive will be checked by the Employer
for any arithmetic errors. Errors will be corrected by the Employer as follows: (a) Where
there is discrepancy between the rates in figures and in words, the rate in words will govern;
and
(b) Where there is discrepancy between the unit rate and the line item total resulting from
multiplying the unit rate by the quantity, the unit rate as quoted will govern.
27.2 The amount stated in the “Financial Bid” will be corrected by the Employer in accordance with
the above procedure and the Bid amount adjusted with the concurrence of the Bidder in the
following manner.
(a) If the Bid price increases as a result of these corrections, the amount as stated in the
bid will be the “Bid Price” and the increase will be treated as rebate;
(b) If the Bid price decreases as a result of the corrections, the decreased amount will be
treated as “bid price”.
Such adjusted bid price shall be considered as binding upon the Bidder. If the Bidder does
not accept the corrected amount the Bid will be rejected, and the Bid security may be
forfeited in accordance with Sub-Clause 16.6 (b).
C) If the amount quoted in the form of Bid and the calculated bid price in the BOQ differs,
the lowest amount will govern..
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 In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid price by
adjusting the Bid price as follows:
(a) Making any correction for errors pursuant to Clause 27; or
(b) Making an appropriate adjustment for any other acceptable variations, deviation; and
(c) Making appropriate adjustments to reflect discounts or other price modifications offered in
accordance with Sub-Clause 23.6.
29.3 The Employer reserves the right to accept or reject any variation or deviation.
Variations and deviations and other factors, which are in excess of requirements of
the Bidding documents or otherwise result in unsolicited benefits for the Employer,
shall not be taken into account in Bid evaluation.

21
 29.4 The estimated effect of the price adjustment conditions under Clause 47 of the
Conditions of Contract, during the period of implementation of the contract, will not
be taken into account in Bid evaluation.
29.5 If the Bid of the successful Bidder is seriously unbalanced in relation to the
Engineer’s estimate of the cost of work to be performed under contract, the
Employer may require the bidder to produce detailed price analysis for any or all
items of the Bill of Quantities, to demonstrate the internal consistency of those prices
with the construction methods and schedule proposed. After evaluation of the price
analysis, the Employer may require that amount of the performance security set
forth in Clause 34 be increased at
the expense of the successful Bidder to a level sufficient to protect the Employer against
financial loss in the event of default of the successful Bidder under the Contract.
29.6 A Bid, which contains several items in the Bill of Quantities which are unrealistically
priced low and which cannot be substantiated satisfactorily by the Bidder, may be
rejected as non-responsive.
30. Deleted
F. AWARD OF CONTRACT
31. Award Criteria
31.1 Subject to Clause 32, the Employer will award the contract to the bidder whose Bid has been
determined.
(i) To be substantially responsive to the Bidding documents and who has offered the lowest
evaluated Bid price; and
(ii) To be within the available bid capacity adjusted to account for his bid price which is
evaluated the lowest in any of the packages opened earlier than the one under
consideration.
In no case, the contract shall be awarded to any bidder whose available bid capacity is less
than the evaluated bid price, even if the said bid is lowest evaluated bid. The contract will
in such cases be awarded to the next lowest bidders at his evaluated bid price.

32. Employer’s Right to Accept any Bid and to Reject any of all Bids
32.1Notwithstanding Clause 31, the Employer reserves the right to accept or reject any Bid, and to
cancel the Bidding process and reject all Bids, at any time prior to the award of Contract,
without thereby incurring any liability to the affected Bidder or Bidders or any obligation
to inform the affected Bidder or Bidders of the grounds for the Employer’s action.
32.2.1DELETED
32.2.2The acceptance and rejection of tenders/bids is left entirely to the discretion of the Executive
Engineer, PWD, (Roads), Assam/ Tender committee as applicable.
32.2.3Even though a bidder meet al l qualifying criteria and successfully comes out in technical bid
evaluation and also appears to be lowest (L1) bidder while framing the comparative
statement, he or they (in case of Firm) are subject to be disqualified if the bidder or any of
its partners (of a Firm).
• Make misleading or false representations in the forms, statements and attachments
submitted with the bid.
• Records of poor performance during last five years, as on the date of bid such as abandoning
the works, rescinding the contract for reasons attributable to the non performance of the
contractor/ bidder, inordinate delay in completion, consistence history of litigation/
arbitration award against the bidder or any of its constituents or financial failure due to
bankruptcy etc.
• Showing very poor performance in implementation of PWD works.

22
33. Notification of Award and Signing of Agreement
33.1 The Bidder whose Bid has been accepted will be notified of the award by the Employer prior
to expiration of the Bid validity period by cable, telex or facsimile confirmed by registered
letter. This letter (hereinafter and in the Conditions of Contract called the “Letter of
Acceptance”) will state the sum that the Employer will pay the Contractor in consideration
of the execution, completion and maintenance of the Works by the contractor as prescribed
by the contract (hereinafter and in the contract called the “Contract Price”).
33.2 The notification of award will constitute the formation of the Contract, subject only to the
furnishing of a performance security in accordance with provision of Clause 34.
33.3 The Agreement will incorporate all Agreement between the Employer and the successful
Bidder. The successful bidders will furnish performance security and sign the agreement
within 10 (ten) days following the notification of award (letter of acceptance).
33.4 Upon the furnishing by the successful Bidder of the performance security, the Employer
will promptly notify the other bidders that their Bids have been unsuccessful.

34. Performance Security

34.1 Within 10 (ten) days of issue of the letter of acceptance, the successful Bidder shall deliver to
the Employer a performance security in any of the forms given below for an amount equivalent to
2% of the contract price plus additional security of unbalance bids in accordance with Clause 29.5
of ITB and Clause 52 of conditions of Contract. - A bank guarantee in the form given in section 8;
Or Bank FDR.
Validity Period: As Below
(i) Performance security shall be valid for the period of45 days after the expiry of Liability
Period of 5 (Five) years from the date of completion of work.
34.2 If the performance security if provided by the successful bidder in the form of a bank
Guarantee, it shall be issued either (a) at the bidders option, by a nationalized/schedule
Indian Bank or (b) by a Foreign Bank located in India approved by RBI and acceptable to
the Employer.

34.3 Failure of the successful bidder to comply with the requirements of Sub-Clause 34.1 shall
constitute sufficient grounds for cancellation of the award and forfeiture of the bid security.
34.4 Deleted

35. Advance Payment and Security

35.1. The Employer will provide an Advance Payment on the Contract Price as stipulated in the
Conditions of Contract, subject to maximum amount, as stated in the Contract Data.

36. Dispute Review Expert

36.1 The Employer proposes that name of the proposed Dispute Review Expert as indicatedin
Appendix be appointed as Dispute Review Expert under the Contract, at a daily feeas
indicated in Appendix plus reimbursable expenses. If the Bidder disagrees with
thisproposal, the Bidder should so state in the Bid. If the Letter of Acceptance, the
Employerhas not agreed on the appointment of the Dispute Review Expert, the dispute
reviewexpert shall be appointed by the Govt. of Assam.
37. Corrupt or Fraudulent Practices
37.1 The Employer will reject a proposal for award if it determines that the bidder recommended
for award has engaged in corrupt or fraudulent practices in competing for the contract in
question will declare the form in eligible, either indefinitely or for a stated period of time, to
be awarded a contract with National Highway Authority of India/State P.W.D. and any
other agencies, if at any time determines that the firm has engaged in corrupt or fraudulent
practices in competing for the contractor, or in execution.

23
37.2 Further more, Bidder shall be aware of the provision stated in Sub-Clause 23.2 and SubClause
59.2 of the Conditions of Contract.

38. Design and Drawing

38.1. The selected bidder shall have to prepare design and drawing of RCC bridge on the basis
ofapproved hydraulic particulars and SSI report and submit accordingly to the Chief
EngineerPWD (Roads), Assam in 4 ( four) sets for necessary approval.

38.2. The proposal of Bridge proper along with Detailed Design calculations and drawings if
requiredmay be forwarded by the department for the Proof Checking to the IIT- Guwahati.
In this regard,no extra payment will be made to the contractor by the Department for the
proof checking of thedesign calculations and drawings, and the Contractor should include the
cost of proof checking ofdesign and drawing while quoting rate for the bridge work

24
 Appendix to ITB
ITB Clause Ref: (4.3):
The information required from bidders are as per clause 4.3

ITB Clause Ref: (12.1) Part I (II):

1) The other documents required are: The Bidder must submit an affidavit with photographs
of machineries /equipments registered in a court of Law affirming that he will use the stated
machineries/ equipments to carry out the contract.
2) The Bidder must submit the following with the bid:
a) Registration certificate
b) Copy of PAN Card
c) Professional clearance-Deleted
d) Power of Attorney
e) Scanned Copies of online payment receipt of Tender Processing Fee and Bid Security.
f) Scanned copy of Bank Guarantee, in case, the bidder wishes to submit Bid Security In the
form of a Bank
Guarantee
g) Audited Balance sheet signed by qualified CA for last five years showing amount receipt
from Civil
Contract
h) Undertaking of Technical key persons proposed by the bidder with attested copies of
Certificate of academic qualification, complete postal /e-mail address, contact no. & details
of past experience with project names
i) Methodology & work programme
j) Litigation history
k) Bank’s liquidity certificate in prescribed format (unconditional)
l) Certificate of similar nature of work done, completed in last 5 (five) years, issued by the
authorized Engineer in-charge.
m) Certificate of executed quantities of work done in last 5 (five) years, issued by the
authorized Engineer in charge.
n) List of existing commitments with value of remaining work as on the date of submission of
Bid
o) Undertaking for investment of minimum cash up to 25% of the value of the work during
implementation of the contract.
p) Original affidavit of correctness of information.

3) The bidders shall submit the Hard copies in original as follows:

a) Affidavit for Correctness of Information.
b) Bid Security in the form of Bank Guarantee in original
c) Bank’s credit certificate in prescribed format (unconditional)
d) Any other Affidavit required to be submitted.

The above shall then be put inside one outer envelope. The printout of Bid
Acknowledgement from www.assamtenders.gov.in shall be pasted on the outer
envelope.

ITB Clause Ref: (16):

The amount of Bid Security / EMD shall be as stated in NIT
(Exemption: from bid security is 50% on the above-mentioned amount rounded off to nearest
thousand in case of contractors belonging to ST/SC/MOBC/ OBC and unemployed
Degree/Diploma engineers).

25
ITB Clause Ref:(34.1):
a) The amount of performance guarantee is 2% (two percent) and Performance security shall be
valid up to a date 45 days after the expiry of Defect Liability Period of 1(one) year after
intended completion date.
b) Performance security should be in favour of concerned Executive Engineer, PWRD,

ITB Clause Ref: (13.4): Deleted

Appendix to ITB (1) Clause reference with Respect to Section-I

1. Name of the Employer::Executive Engineer, PWRD, Bokakhat & Dergaon T.R. Division,
Bokakhat.

2. The last five years::

Furnish the information required below (under ‘3’ and ‘4’) for the following financial years:

2019-2020
2020-2021
2021-2022
2022-2023
2023-2024
3. The annual financial turnover amount :67% of respective value of work mentioned in NIT
[Refer to ‘clause 4.5A (a)’ of section –I instruction to bidders]
4. Value of similar work:1/3rd of respective value of work in NIT (Not less than one third of
contract value.)
[Refer to ‘clause 4.5A (b)’ of section –I instruction to bidders]
5. Quantities of works are : 40% of major item estimated quantity
[Refer to ‘clause 4.5A (c)’ of section –I instruction to bidders]

As per Bill of Quantities (40% of estimated quantity of major items as detailed in the online BOQ)

6.Liquid assets or availability of credit facilities is :10% of NIT Value

[Refer to ‘clause 4.5B (c)’ of section –I instruction to bidders] 10 (ten) percent of the DNIT value

7. Availability of key and critical equipments:

[Refer to ‘clause 4.5B (a)’ of section –I instruction to bidders]

8. Availability of key personnel::

[Refer to ‘clause 4.5B (b)’ of section –I instruction to bidders]

9. Price level of the Financial year : 2024-25

10. Assessed available bid capacity:

[Refer to ‘clause 4.7’ of section –I instruction to bidders]

11. Addressed of the employer:

O/o the Executive Engineer, PWRD, Bokakhat & Dergaon T.R. Division.

12.Identification bid for:-As detailed in NIT

13. The bid should be submitted latest by :as per tender time schedule
26
14. Technical bid will be opened at office chamber of Executive Engineer, PWRD
Bokakhat & Dergaon T.R. Division (As per tender time schedule)
15. Bank Guarantee for Bid security/ Earnest money in favour of :
Exceutive Engineer, Bokakhat & Dergaon T.R. Division, Bokakhat
Tender processing fee :online payment only
16. Name of Dispute Review Expert is:(to be decided mutually later)At a daily fee of
Rs............... with reimbursable expenses.

17. Escalation factor (Year before/ Multiply factor) :

Following Enhancement factor will be used for the cost of works executed in the financial
figures to a common base value for the works completed in India

One – 1.1
Two – 1.21
Three– 1.33
Four– 1.46
Five – 1.61

Applicant should indicate actual figures of cost and amount for the works executed by them
without accounting for the above-mentioned factors.

Qualification Information[Reference CI. 4.5 (B) (a)]-

Annexure - I

List of Key Plant & Equipment to be deployed on Contract Work (Capacity & Numbers
varying depending upon the different scope/provision) :

Minimum
Sl.
Type of Equipment Minimum Capacity Requirement (in
No.
Nos.)
1 Excavator cumLoader 1
2 Static Roller 8 to 10 T 1
3 Vibratory Roller 8 to 10 T 1
4 Water Tanker with sprinkler 6KL 2
5 Tippers 5.5 cu.m 2
6 tractor 2
7 Water Pump 10 HP 1

Note: (a) The bidder must produce the following documentary evidence in support of his owning the above
equipment:.

1. The bidder will have to demonstrate availability of equipments required for construction of
road and bridge works either owned or on lease or hire as per proforma at 1.5 of section 2,
qualification information.The bidder must submit an affidavit.

2. Bidders shall also attach copies of R.C/Invoice of machineries under his possession. If
proposed for lease, the bidder shall submit such agreement made with the lessee along with
documents of possession of such machineries with the lessee.

27
Qualification Information [Reference CI. 4.5 (B)
(b)]Annexure IIList of Key Personnel to be deployed on
Contract Work:

Sl.No. Key Personnel Minimum Qualification Minimum

(Designation) Requirement
(Nos.)
1 Project Manager B.E. Civil + 5 to 7 Years Exp. 1
B.E. Civil + 3 Years Exp. Or Diploma in
2 Site Engineer 1
CivilEngg + 5 years Exp
Total 2

28
SECTION – 2 QUALIFICATION INFORMATION

28
 Qualification Information

The information to be filled in by the Bidder in the following pages will be used for purposes of post
qualification as provided for in Clause 4 of the Instructions to Bidders. This information will not be
incorporated in the Contract.

1. For Individual Bidders

1.1 Constitution or legal status of Bidder:
(attach Copy)
Power of attorney of signatory of Bid:
(attach)
Place of registration:
Principal place of business:
1.2 The Total Volume of civil Engineering Construction work performed in the last five years:

i)2019—2020
ii)2020—2021
iii)2021—2022
iv)2022—2023
v)2023---2024

Qualification Information 1.3.1

Work performed as prime contractor, work performed in the past as a nominated sub-contractor
will also be considered provided the sub-contract involved execution of all the main items of work
described in the bid document, provided further that all other qualification criteria are satisfied (in
the same name) of works of a similar nature over the last five years.
Project Name

Contract No.

Value of contract
Description of

Delay & Work

Actual Date of
Stipulated Date
Date of Issue of

of Completion

reasons for

Completed
Completion

explaining
Work Order

Remarks
Employer
Name of

Rs. Crore
work

Add As Many Rows You Want To Add

Attach certificate(s) from the Engineer(s) – in charge

30
Qualification Information 1.3.2

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

nominated sub-contractor will also be considered provided the sub-contract involved
execution of all main items of work described in the bid document, provided further that
all other qualification criteria are satisfied (in the same name and style) in the five years.**

Year Name of Name of Quantity of work performed

the Work the
employer E/W GSB WBM/WMM ICBP Excavation RCC
of Hard
Rock
2018-
2019
2019-
2020
2020-
2021
2021-
2022
2022-
2023

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

Immediately preceding the financial year in which bids are received.

Qualification Information 1.4 (A)

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 Place Contract Name & Value of Stipulated Value of Anticipat

of Work & State No Address Contract period of works ed Date
of (Rs. completion remaining to of
Employer Crore) be completi
completed on
(Rs. Crore) *

Add As Many Rows You Want To Add

*Attach certificate(s) from the Engineer (s)-in-charge. If certificate is not submitted the
bids may be rejected or 100% value will be considered as existing commitment.

31
Qualification Information 1.4 (B)
(B) Works for which bids already submitted:
Description Place Name & Estimated Value Stipulated Date when Remarks,
of Work & Address of of period of decision is if any
State Employer Works completion expected
(Rs. Crore)

Add As Many Rows You Want To Add

Qualification Information 1.5

1.5 Availability of key items of contractor’s Equipment essential for carrying out the works
[Ref. Clause 4.5
(B) (a)]. The Bidder should list all the information requested below. Refer also to Sub Clause
4.3 (d) of the Instructions to Bidders.

Remarks(from
Item of
Requirement Availability proposals whom to be
Equipment
purchased)
Nos V Age/
No. Capacity Owned
Capacity Condition

Note: (a) The bidder must produce the following documentary evidence in support of his
owning the above equipment: 1.The bidder will have to demonstrate availability of equipments
required for construction of road and bridge works either owned or on lease or hire as per
proforma at 1.5 of section 2, qualification information. The bidder must submit an affidavit. 2.
Bidders shall also attach copies of R.C/Invoice of machineries under his possession. If proposed
for lease, the bidder shall submit such agreement made with the lessee along with documents of
possession of such machineries with the lessee.
Qualification Information 1.6_
1.6 Qualifications and experience of key personnel required for administration and
execution of the Contract [Ref. Clauses 4.5 (B) (b)]. Attach biographical data. Refer also
to Sub Clause 4.3 (e) of instructions to Bidders and Sub Clause 9.1 of the Conditions of
Contract.

Year of Years of
PositionDesignati
Sl.No. Name Qualification Experience experience in the
on
(General) proposed position

1 Project Manager

2 Site Engineer

Total

32
Qualification Information 1.7
Proposed sub-contracts and firms involved [refer ITB Clause 4.3(K)]
Sections of the Value of Sub-contractor(name Experience in similar
Works subcontract and address) work

Add As Many Rows You Want To Add

Qualification Information 1.8-1.10

1.8 Financial reports for the last five years:balance sheets, profit and loss statements,
auditor’s reports (in case of companies/corporation), 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 copies of support documents.

1.10 Name, address, and telephone, telex, and facsimile numbers of bidders bankers who may
provide references if contacted by the Employer.

Qualification Information 1.11

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

Other Party Cause of Remarks showing

Employer Amount involved
(ies) Dispute present status

Add As Many Rows You Want To Add

Qualification Information 1.12-1.15 :

1.12 Statement of Compliance:
1.13 Proposed work method and schedule:
1.14 Programme:
1.15 Quality Assurance Programme:

2. Deleted

Qualification Information 3 :
3. Additional Requirements: 3.1
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)
Legal document in the form of Affidavit:
(ii) Undertaking:
(iii) Authority to seek reference from the bidder’s bankers:

33
Qualification Information 4.5 A(ITB) :

Year minimum value of execution of Contracts

annual completion of one minimum abandonment
financial similar work as quantities of (Yes/No)
turnover prime contractor the major
(In Rs.) (In Rs.) items of work

2019-2020
2020-2021
2021-2022
2022-2023
2023-2024

Qualification Information [Reference CI. 4.5 (B)

(b)]Annexure IIList of Key Personnel to be deployed on
Contract Work:

Sl.No. Key Personnel Minimum Qualification Minimum

(Designation) Requirement
(Nos.)
1 Project Manager B.E. Civil + 5 to 7 Years Exp. 1
B.E. Civil + 3 Years Exp. Or Diploma in
2 Site Engineer 1
CivilEngg + 5 years Exp
Total 5

Qualification Information 4.5.c

Quantities of work executed as prime contractor, work performed in the past as a nominated sub-
contractor will also be considered provided the sub-contract involved execution of all main items
of work described in the bid document, provided further that all other qualification criteria are
satisfied (in the same name and style) in the last five years.

Year Name Name of Quantity of work

of the the performed
Work employer
E/W GSB WBM ICBP Excavation RCC
of Hard
Rock
2019-2020

2020-2021
2021-2022
2022-2023
2023-2024

Attach certificates (s) from the Engineer(s)-in Charge

34
SECURITIES AND OTHERS FORM

BID SECURITY (BANK GUARANTEE):

PERFORMANCE BANK GUARANTEE:

BANK GUARANTEE FOR ADVANCE PAYMENT:

INDENTURE FOR SECURED ADVANCES:

LETTER OF ACCEPTANCE:

AGREEMENT:

ISSUE OF NOTICE TO PROCEED WITH THE WORK:

UNDERTAKING:

Qualification Information 4.3

All bidders shall furnish the following information in Section 2.

Evidence of access to or availability of credit facilities:1

Power of attorney:

Latest income tax-clearance certificate from concerned department:

Copy of PAN card:

1Evidence of access to or availability of credit facilities (minimum 10% of notified contract value) certified by the
bankers.
35
Financial Turn Over For Last Five Years :

Financial annual turnover for the year 2019 - 2020:

Financial annual turnover for the year 2020 - 2021:

Financial annual turnover for the year 2021 - 2022:

Financial annual turnover for the year 2022– 2023:

Financial annual turnover for the year 2023– 2024:

Total value of Civil Engineering construction Work performed :

Attach certificates (s) from the Engineer(s)-in Charge

In the year 2019-2020 (in Rs. Lakhs):

In the year 2020-2021(in Rs. Lakhs):

In the year 2021-2022(in Rs. Lakhs):

In the year 2022-2023 (in Rs. Lakhs):

In the year 2023-2024 (in Rs. Lakhs):

 SECTION – 3
CONDITIONS OF CONTRACT
 CONDITIONS OF CONTRACT

Table of Contents

A. General C. Quality Control

1. Definations 33. Identifying Defects

2. Interpretation 34. Tests
3. Language and Law 35. Correction of Defects
4. Engineer’s Decisions 36. Uncorrected Defects
5. Delegation
6. Communications D. Cost Control
7. Sub-contracting 37. Bill of Quantity
8. Other contractors 38. Changes in the Quantities
9. Personnel 39. Variations
Employer’s &Contractor 40. Payments and variations
10. Risks 41. Cash Flow Forecasts
11. Employer’s Risks 42. Payment Certificates
12. Contractor’s Risks 43. Payments
13. Insurance 44. Compensation Events
14. Site Investigation Report 45. Tax
15. Queries about the Contract Data 46. Currencies
16. Contractor to Construct the Works 47. Price Adjustment
17. The Works to be completed by the 48. Retention
Intended Completion Date 49. Liquidated Damages
18. Approval by the Engineer 50. Bonus
19. Safety 51. Advance Payment
20. Discoveries 43 52. Securities
21. Possession of the Site 53. Deleted
22. Access to the site 54. Cost of Repairs
23. Instructions
24. Disputes E. Finishing the Contract
25. Procedures for Disputes 55. Completion
Replacement of Dispute Review 56. Taking Over
26. Expert 57. Final Account
B. Time Control 58. Operating and Maintenance
27. Programme Manuals
Extension of the Intended 59. Termination
28. Completion Date 60. Payment upon Termination
29. Deleted 61. Property
30. Delays ordered by the Engineer 62. Release from Performance
31. Management Meeting
32. Early Warning F. Special Conditions of Contract
G. Additional Special Conditions
 CONDITIONS OF CONTRACT A. GENERAL
1. Definitions

1.1 Terms, which are defined in the Contract Data, are not also defined in the Conditions of
Contract but keep their defined meanings. Capital initials are used to identify defined
terms.
The Adjudicator (synonymous with Dispute Review Expert) is the person
appointed jointly by the Employer and the Contractor to resolve disputes in first
instance, as provided for in Clauses 24 and 25. The name of the Adjudicator is defined
in the Contract Data.
Bill of Quantities means the priced and completed Bill of Quantities forming
part of the Bid.
Compensation Events are those defined in Clause 44 hereunder.
The Completion Date is the date of completion of the works as certified by the
Engineer in accordance with Sub-Clause 55.1.
The Contract is the contract between the Employer and the Contractor to
execute, complete and maintain the Works. It consists of the documents listed in
Clause 2.3 below.
The Contract Data defines the documents and other information, which
comprise the Contract.
The Contractor is a person or corporate body whose Bid to carry out the Works
has been accepted by the Employer.
The Contractor’s Bid is the completed bidding document submitted by the
contractor to the Employer and includes Technical and Financial Bids.
The Contract Price is the price stated in the Letter of Acceptance and thereafter
as adjusted in accordance with the provisions of the Contract.
Days are calendar days; Months are Calendar months.
A Defectis any part of the Works not completed in accordance with the
Contract.
The Defects Liability Period is the period named in the Contract Data and
calculated from the Completion Date.
The Employer is the party who will employ the Contractor to carry out the
Works.
The Engineer is the person names in the Contract Data (or any other
competent person appointed and notified to the Contractor to act in replacement of
the Engineer) who is responsible for supervising the Contractor, administering the
contract, certifying payments due to the Contractor, issuing and valuing Variation to
the Contract, awarding extensions of time, and valuing Compensation Events.
Equipment is the 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 and
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 works, which is to have a mechanical,
Electrical, Electronic or Chemical or Biological function.
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 interpretative reports about the surface and sub-surface
conditions at the site.
Specification means the specifications of the works included in the contract
and any modification or addition made or approved by the Engineer.
The Start Date is given in the Contract data. It is the date when the contractor
shall commence execution of the works. It does not necessarily coincide with any of
the Site Possession Dates.
A Sub-Contractor is a person or corporate body who has a contract with the
Contractor to carry out a part 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 the works.
The Works are what the contract requires the contractor to construct, install,
and turn over to the Employer, as defined in the contract data.

2. Interpretation
2.1 In interpreting these conditions of contract, singular also means plurals, male also means
female or neuter, and the other way around. Headings have no significance. Words
have their normal meaning under the language of the contract unless specially
defined. The Engineer will provide instructions clarifying queries about the
conditions of the 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 the intended completion date apply to
any section of the works (other than references to the completion date and intended
completion date for the whole of the 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 the works
(3) Contractor’s Bid
(4) Contract Data
(5) Condition of Contract including Special Conditions of Contract
(6) Specifications
(7) Bill of Quantities and
(8) 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 stated in the Contract
Data.
4. Engineer’s Decisions
4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters
between the Employer and the Contractor in role representing the Employer.

5. Delegation
5.1 The Engineer may delegate any of his duties and responsibilities to other people except to
the Adjudicator after notifying the Contract and may cancel any delegation after
notifying the contractor.

6. Communications
6.1 Communications between parties which are referred to in the conditions are effective only
when in writing. A notice shall be effective only when it is delivered (in terms of
Indian Contract Act).

7. Sub-Contracting - Deleted

8. Other Contractors- Deleted

9. Personnel
9.1 The Contractor shall employ the Key Personnel named in the Schedule of Key Personnel
as referred to in the Contract Data to carry out the function stated in the schedule or
other personnel approved by the Engineer. The Engineer will approve any proposed
replacement of Key Personnel only if their Qualifications, Abilities and Relevant
Experience are substantially equal to or better than those of the personnel listed in the
schedule.
9.2 If the Engineer ask the Contractor to remove a person who is a member of the contractor’s
staff or his work force stating the reasons the contractor shall ensure that the person
leaves the site within 7 days and has no further connection with work in the contract.

10. Employer’s and Contractor’s Risks

10.1 The Employer carries the risks which this contract states are Employer’s risks and the
Contractor carries the risks which this contract states are contractor’s risks.

11. Employer’s Risks

11.1 The Employer is responsible for the excepted risks which are (a) in so far as they directly
affect the execution of the works in India, the risks of War, hostilities, invasion, act of
foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil
work, riot commotion or disorder (unless restricted to the contractor’s employees) and
contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive
or (b) a cause due solely to the design of the works, other than the contractor’s design.

12. Contractor’s Risks

12.1 All risks of loss of or damage to physical property and of personnel injury and death
which arise during and in consequence of the performance of the contract other than
the expected 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 covered from the Start Date to the end of the Defects Liability Period in the
 amounts and deductibles stated in contract data for the following events which are
due to the contractor’s risks:
(a) Loss of or damage to the Works, Plant and Materials;
(b) Loss of or damage to Equipment;
(c) Loss of or damage of property (except the Works, Plant, Materials and
Equipment) in connection with the Contract; and (d) Personal injury or death.

13.2 Policies and certificates for insurance shall be delivered by the Contractor to
the Engineer for the Engineer’s approval before the Start Date. All such
insurance shall provide for compensation to be payable in the types and
proportions of currencies required to rectify the loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and certificates required,
the
Employer may affect the insurance which the Contractor should have provide and recover
the premiums the Employer has paid from payments 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 insurance shall not be made without the approval
of the Engineer.
13.5 Both parties shall comply with any conditions of the insurance policies.

14. Site Investigation Reports

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’s responsibility for design of the
Temporary Works.
18.4 The Contractor shall obtain approval of third parties to design of the Temporary Works
where required.
18.5 All Drawings prepared by the Contractor for the execution of the temporary or
permanent Works, 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.

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 parts of the Site to the Contractor as per work
programme approved by the engineer-in-charge. If the 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 Compensation Event.

22. Access to the Site

22.1 The Contractor shall allow the Engineer and any person authorized by the Engineer
access to the Site, to any place where work in connection with the Contract is being
carried out or is intended to be carried out and to any place where materials or plant
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 believes that a decision taken by the Engineer was either outside the
authority given to the Engineer by the Contract or that the decision was wrongly
taken, the decision shall be referred to the Dispute Review Expert within 14 days of
the notification of the Engineer’s decision.
25. Procedure for Disputes
25.1 The Dispute Review Expert (Board)* shall give a decision in writing within 28 days of
receipt of a notification of a dispute.
25.2 The Dispute Review Expert (Board)* shall be paid daily at the rate specified in the
Contract Data together with reimbursement expenses of the types specified in the
Contract.
________________________________________________________________
*Dispute Review Expert to be provided for works costing up to Rs. 50 Crores. Dispute Review
Board of three members (one from Employer, one from Contractor and one to be nominated
by IRC Council and agree by the representative members of Employer and Contractor) for
works costing more than Rs. 50 Crores.
Data and the cost shall be divided equally between the Employer and the Contractor,
whatever decision is reached by the Dispute Review Expert. Either party may give
notice to the other to refer a decision of the Dispute Review Expert to an Arbitrator
within 28 days of the Dispute Review expert’s written decision. If neither party refers
the dispute to arbitration within the next 28 days, the Dispute Review Expert’s
decision will be final and binding.
25.3 The arbitration shall be conducted in accordance with the arbitration procedure
started in the Special Conditions of Contract.
26. Replacement of Dispute Review Expert.
26.1 Should the Dispute Review Expert resign or die, or should the Employer and the
Contractor agree that the Dispute Review Expert is not fulfilling his functions in
accordance with the provisions of the Contract, a new Dispute Review Expert will be
jointly appointed by the Employer and the Contractor. In case of disagreement
between the Employer and the Contractor, within 30 days, the Dispute Review Expert
shall be designated by the Appointing Authority indicated in the Contract Data at the
request of either party, within 14 days of receipt of such request.

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, order, 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
on each activity and the effect of the progress achieved on the timing of the remaining
work including any changes to the sequence of the activities.
27.3 The Contractor shall submit to the Engineer, for approval, an updated Programme at
intervals no longer than the period stated in the Contract Data. If the Contractor does
not submit an updated Programme within this period, the Engineer may withhold the
amount stated in the Contract Data from the next payment certificate and continue to
withhold this amount until the next payment after the date on which the overdue
Programme has been submitted.
27.4 The Engineer’s approval of the Programme shall not alter the Contractor’s obligations.
The Contractor may revise the Programme and submit it to the Engineer again at any
time. A revised programme is to show the effect of variations and compensation
events.
28. Extension of the Intended Completion Date
28.1 The Engineer shall extend the Intended Completion Date if a Compensation Event occurs
or a Variation is issued which makes it impossible for completion to be achieved by
the Intended Completion Date without the Contractor taking steps to accelerate the
remaining work and which would cause the Contractor to incur additional cost.
28.2 The Engineer shall decide whether and by how much to extend the Intended Completion
Date within 35 days of the Contractor asking the Engineer for a decision upon the
effect of a Compensation Event or variation and submitting full supporting
information. If the Contractor has failed to give early warning of a delay or has failed
to cooperate in dealing with a delay, the delay by this failure shall not be considered
in assessing the new Intended Completion Date.
28.3 The Engineer shall within 14 days of receiving full justification from the contractor for
extension of Intended Completion Date refer to the Employer his decision. The
Employer shall in not more than 21 days communicate to the Engineer the acceptance
or otherwise of the Engineer’s decision. If the Employer fails to give his acceptance,
the Engineer shall not grant the extension and the contractor may refer the matter to
the Dispute Review under Clause 24.1.
29. Deleted 30. Delays ordered by the Engineer
30.1 The Engineer may instruct the Contractor to delay or progress of any activity within the
Works.
31. Management Meeting
31.1 Either the Engineer or the Contractor may require the other to attend a management
meeting. The business of a management meeting shall be to review the plans for
remaining work and to deal with matters raised in accordance with the early warning
procedure.
31.2 The Engineer shall record the business of management meetings and is to provide copies
of his record to those attending the meeting and to the Employer. The responsibility
of the parties for actions to be taken is to be decided by the Engineer either at the
Management meeting or after the management meeting and stated in writing to all
who attended the meeting.

32. Early Warning

32.1 The Contractor is to warn the Engineer at the earliest opportunity of specific likely future
events or circumstances that may adversely affect the quality of the work increase the
Contract Price or delay the execution of works. The Engineer may require the
Contractor to provide an estimate of the expected effect of the future event or
circumstance on the Contract Price and Completion Date. The estimate is to be
provided by the Contractor as soon as reasonably possible.
32.2 The Contractor shall cooperate with the Engineer in making and considering proposals
for how the effect of such an event or circumstance can be avoided or reduced by
anyone involved in the work and in carrying out any resulting instruction of the
Engineer.

C. QUALITY CONTROL
33. Identifying Defects
33.1 The Engineer shall checked 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 to uncover and test
any work that the Engineer considers may have a Defect.

34. Tests
34.1 The contractor should set up field laboratory at the camp site with necessary future and
equipments required for carrying out the quality control test as per the attached
drawing.
34.2 The Contractor is required to carry out all necessary tests as per IRC norms for earthwork,
aggregates, bitumen etc. and get it approved by the Engineer. If the Engineer instructs
the Contractor to carry out a test not specified in the Specification to check whether
any work has a Defect and the test shows that it does, the Contractor shall pay for the
test and any samples. If there is no Defect the test shall be a Compensation Event.

35. Correction of Defects

35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the
Defects Liability Period, which begins at Completion and is defined in the Contract
Data. The Defects Liability Period shall be extended for as long as Defects remain to
be corrected.
35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect
within the length of time specified by the Engineer’s notice.
36. Uncorrected Defects
36.1 If the Contractor has not corrected a Defect within the time specified in the Engineer’s
notice, the Engineer will assess the cost of having the Defect corrected, and the
Contractor will pay this amount.

D. COST CONTROL
37. Bill of Quantities
37.1 The Bill of Quantities shall contain items for the construction, installations, testing, and
commissioning work to be done by the Contractor.
37.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for
the quantity of the work done at the rate in the Bill of Quantities for each item.

38. Changes in the Quantities

38.1 If the final quantity of the work done differs from the quantity in the Bill of Quantities
for the particular item by more than 25 per cent provided the change exceeds 1% of
initial Contract Price, the Engineer shall adjust the rate to allow for the change, duly
considering.

(a) Justification for rate adjustment as furnished by the contractor.

(b) Economies resulting from increase in quantities by way of reduces plant,
equipment, and overhead costs,
(c) Entitlement of the contractor to compensation events where such events are
caused by any additional work.

38.2 The Engineer shall not adjust rates from changes in quantities if thereby the
Initial Contract Price is exceeded by more than 5 percent, except with the Prior
approval of the Employer.
38.3 If requested by the Engineer, the Contractor shall provide the Engineer with a
detailed cost breakdown of any rate in the Bill of Quantities.

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

40. Payments of Variations

40.1 The Contractor shall provide the Engineer with a quotation (with breakdown of unit
rates) for carrying out the Variation when requested to do so by the Engineer. The
Engineer shall assess the quotation, which shall be given with seven days or the
request of within any longer period stated by the Engineer and before the Variations
is ordered.
40.2 If the work in the Variations corresponds with an item description in the Bill of Quantities
and if, in the opinion of the Engineer, the quantity of work above the limit stated in
Sub-Clause 38.1 or the timing of its execution do not cause the cost per unit of quantity
to change, the rate in the Bill of Quantities shall be used to calculate the value of the
Variation. If the cost per unit of quantity changes, or if the nature or timing of the work
in the Variation does not correspond with items in the Bill of Quantities, the quotation
by the Contractor shall be in the form of new rates for the relevant items of work.
40.3 If the Contractor’s quotation is unreasonable, the Engineer may order the Variations and
make a change to the Contract Price which shall be based on Engineer’s own forecast
of the effects of the Variation on the Contract’s costs.
40.4 If the Engineer decides that the urgency of varying the work would prevent a quotation
being given and considered without delaying the work, no quotation shall be given
and the Variation shall be treated as a Compensation Event.
40.5 The Contractor shall not be entitled to additional payment for costs, which could have
been avoided by giving early warning.

41. Cash Flow Forecasts

41.1 When the Programme is updated, the contractor is to provide the Engineer with an
updated cash flow forecast.

42. Payment Certificates

42.1 The contractor shall submit to the Engineer monthly statements of the estimated value of
the work completed less the cumulative amount certified previously.
42.2 The Engineer shall check the Contractor’s monthly statement within 14 days and certify
the amount to be paid to the Contractor after taking into account any credit or debit
for the month in question in respect of materials for the work in the relevant amounts
and under conditions set forth in Sub-Clause 51(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
recoveries in terms of the contract and taxes at source, as applicable under the law.
The Employer shall pay the Contractor the amounts certified by the Engineer as and
when fund is available.
43.2 If an amount certified is increased in a later certificate as a result of an award by the
Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed
payments as set out in this clause. Interest shall be calculated from the date upon which the
increased amount would have been certified in the absence of dispute.
43.3 Items of the Works for which no rate or price has been entered in will not be paid for by
the Employer and shall be deemed covered by other rates and prices in the Contract.
44. Compensation Events
44.1 The following Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access part of the Site as per the work programme
approved by the Engineer-in-charge by the Site Possession Date stated in the
Contract Data as per work programme approved by the engineer/employer.
(b) The Employer modifies the schedule of other contractors in a way which
affects the work of the Contractor under the Contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or
instructions required for execution of works on time.
 (d) The Engineer instructs the Contractor to uncover or to carry out additional
tests upon work, which is then found to have no Defects.
(e) Deleted.
(f) Ground conditions are substantially more adverse than could reasonably have
been assumed before issuance of Letter of Acceptance from the information
issued to Bidders (including the Site Investigation Reports), from information
available publicity and from a visual inspection of the site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition,
caused by the Employer, or additional work required for safety or other
reasons.

(h) Other contractors, public authorities, utilities or the Employer does not work
within the dates and other constraints stated in the Contract, and they cause
delay or extra cost to the Contractor.
(i) Deleted.
(j) The effect of the contractor of any of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other compensation Events listed in the Contract Data or mentioned in the
Contract.
43.4 Whenever there is an addition or reduction to the contract price due to change in
legislation, variations or on account of any other Government determined reasons
amounting to more than the 25% of initial contract price, the Performance Security
shall be increased/ decreased by an equal percentage. The contractor shall deliver
Performance Security within 21 days of receipt of request in this regard from the
employer.
44. Compensation Events. Deleted
44.1 Deleted
44.2 Deleted. 44.3 Deleted.
44.4 Deleted.

45. Tax
45.1 The rates quoted by the Contractor shall be deemed to be inclusive of the GSTand other
levies, duties, royalties, cess, toll, taxes (except service tax) of Central and State
Governments, local bodies and authorities that the Contractor will have to pay for the
performance of this Contract. The Employer will perform such duties in regard to the
deduction of such taxes at source as per applicable law. The service tax shall be
reimbursed (if applicable) subject to production of proof of such payment by the
contractor.

46. Currencies
46.1 All payments shall be made in Indian Rupees.

47. Price Adjustment-Deleted

48. Retention
48.1 The employer shall retain from each payment due to the 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 works half the total amount retained is repaid
to the Contractor and half when the Defects Liability Period has passed and
the Engineer has certified that all Defects notified by the Engineer to the
Contractor before the end of this period have been corrected.
48.3 On completion of the whole works, the contractor may substitute retention
money with an “on demand” Bank Guarantee.

49. Liquidated Damages

49.1 The Contractor shall pay liquidated damages to the Employer at the rate per
day stated in Contract Data (for the whole of the works or the milestone 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 payments due to the Contractor. Payment of
liquidated damages does not affect the
Contractor’s liabilities.
* For each day that the completion date is later than the intended completion date.
49.2 If the Intended Completion Date is extended after liquidated damages have been paid,
the Engineer shall correct any overpayment of liquidated damages by the contractor
by adjusting the next payment certificate. The Contractor shall be paid interest on the
over payment calculated from the date of payment of repayment at the rate specified
in Sub-Clause 43.1.
49.3 If the contractor fails to comply with the time for completion as stipulated in the tender,
then the contractor shall pay to the employer the relevant sum stated in the Contract
Data as Liquidated damages for such default and not as penalty for every date or part
of day which shall elapse between relevant time for completion and the date stated in
the taking over certificate of the whole of the works on the relevant section, subject to
the limit stated in the Contract Data.
The Employer may, without prejudice to any other method of recovery deduct the amount of
such damages from any monies due or to become due to the contractor. The payment
of deduction of such damages shall not relieve the contractor from his obligation to
complete the work on from any other of his obligations and liabilities under the
contract.
49.4 If, before the Time for completion of the whole of the works or, if applicable, any Section,
a Taking-Over Certificate has been issued for any part of the Works or of a Section,
the liquidated damages for delay in completion of the remainder of the works or of that
Section shall, for any period of delay after date stated in such Taking-Over Certificate,
and in the absence of alternative provisions in the Contract, the reduced in the
proportion which the value of the part so certified bears to the value of the whole of
the Works or Section, as applicable. The provisions of this Sub-Clause shall only apply
to the rate of liquidated damages and shall not affect the limit thereof.
50. Bonus:-
50.1 Deleted
51. Advance Payment

51.1 The Employer shall make advance payment to the contractor of the amounts
stated in the Contract Data by the date stated in the Contract Data, against
provision by the Contractor of an Unconditional Bank Guarantee in a form and
by a bank acceptable to the Employer in amounts and currencies equal to the
Advance payment. The guarantee shall remain effective until the advance
payment has been repaid, but the amount of the guarantee shall be
progressively reduced by the amounts repaid by the Contractor.
 51.2 The contractor is to use the advance payment only to pay for Equipment, Plant
and Mobilization expenses required specifically for execution of the Works.
The Contractor shall demonstrate that advance payment has been used in this
way by supplying copies of invoices or other documents to the Engineer. An
interest bearing Mobilization advance shall be paid to the contractor
exclusively for the cost of Mobilization at ten percent of the contract price.
51.3 The advance payment shall be repaid by deducting proportionate amounts
from payments otherwise due to the Contractor, following the schedule of
completed percentages of the Works on a payment basis. No account shall be
taken of the advance payment or its repayment in assessing valuations of the
work done, Variations, price adjustments, Compensation Events, or Liquidated
Damages.

51.4 Secured Advance (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 form and by a Bank or surety acceptable to the
Employer and denominated in Indian Rupee. The performance security shall be valid
until a date 28 days from the date of issue of the certificate of compensation.

53. Deleted 54. Cost of Repair

54.1 Loss or damaged to the works or materials to be incorporated in the works between the
start date and the end of the defects correction period shall be remedied by the
contractor at the contractor’s cost if the loss or damages arises from the Contractor’s
acts or omissions.

E. FINISHING THE CONTRACT

55. Completion
55.1 The Contractor shall request the Engineer to issue a certificate of completion of the works
and the Engineer will do so upon deciding that the work is completed.

56. Taking Over

56.1 The Employer shall take over the site and the works within 7 days of the Engineer issuing
a certificate of completion.

57. Final Account

57.1 The Contractor shall supply to the Engineer a detailed account of the total amount that
the Contractor considers payable under the contract before the end of the defects
liability period. The Engineer shall issue a defect liability certificate and certify any
final payment that is due to the contractor within 56 days of receiving the contractor’s
account if it is correct and complete. If it is not, the Engineer shall issue within 56 days
a schedule that states the scope of the correction or additions that are necessary. If the
final account is still unsatisfactory after it has been resubmitted, the Engineer shall on
the account payable to the Contractor and issue a payment certificate, within 56 days
of receiving the contractor’s revised account.
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 received 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: (a)
The Contractor stops work for 28 days when no stoppage of work is shown on the
current programme and the stoppage has not been authorized by the Engineer;
(b) The Engineer instructs the Contractor to delay the progress of the works and
the instruction is not withdrawn within 28 days.
(c) The employer or the contractor is made bankrupt or goes into liquidation other
than for a reconstruction or amalgamation;
(d) 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;
(e) The Engineer gives notice that failure to correct a particular Defect is a
fundamental breach of Contract and the Contractor fails to correct it within a
reasonable period of time determined by the Engineer;
(f) The Contractor does not maintain a security which is required;
(g) 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
(h) If the Contract, in the judgment of the Employer has engaged in corrupt of
fraudulent practices in competing for or in executing the Contract.
For the purpose of this paragraph: “corrupt practice” means the offering,
giving, receiving or soliciting of anything of value to influence the action of a
public official in the procurement process or in contract execution.
“Fraudulent practice” means a misrepresentation of facts in order to influence
a procurement process or the execution of a contract to the detriment of the
Borrower, and includes collusive practice among Bidders(prior to or after bid
submission) designed to establish bid prices at artificial non-competitive levels
and to deprive the Borrower of the benefits of free and open competition”.
(i) The contractor does not bring to the site all the plants & machineries as per ITB
Sec 4.3(e) and / or does not ensure presence of key persons at site as mentioned
in the ITB Sec 4.3(e) to the full satisfaction of the Engineer-in-charge.
59.3 When either party to the Contract gives notice of a breach of contract to the
Engineer for a cause other than those listed under Sub-Clause 59.2 above, the
Engineer shall decide whether the breach is fundamental or not.
59.4 Notwithstanding the above, the Employer may terminate the Contract for
convenience.
59.5 If the Contract is terminated the contractor shall stop work immediately,
make the site safe and secure and leave the site as soon as reasonably possible.
60. Payment upon Termination
60.1 If the contract is terminated because of a fundamental breach of Contract by the
contractor, the Engineer shall issue a certificate for the value of the work done less
advance payments received up to the date of issue of the certificate, less other
recoveries due in terms of the contract, less taxes due to be 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 Liquidation 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 costs of protecting and
securing the works and less advance payments received up to the date of the
certificate, less other recoveries due in terms of the contract and less taxes due to be
deducted at source as per applicable law.

61. Property
61.1 All materials on the Site, Plant, Equipment, Temporary works and works are deemed to
be the property of the Employer, if the Contract is terminated because of a Contractor’s
default.
62. Releases from Performance

62.1If the contract is frustrated by the outbreak of war or by any other event entirely outside
the control of either the Employer or the Contractor the Engineer shall certify that the
Contract has been frustrated. The Contractor shall make the site safe and stop work as
quickly as possible after receiving this certificate and shall be paid for all work carried
out before receiving it and for any work carried out afterwards to which commitment
was made.

F. SPECIAL CONDITIONS OF CONTRACT

1. LABOUR:
The contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for their
payment, housing, feeding and transport.
The contractor shall, if required by the Engineer, deliver to the Engineer a
return in detail, in such form and such intervals as the Engineer may prescribed,
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.
2. COMPLIANCE WITH LABOUR REGULATIONS:
During continuance of the contract, the contractor and his sub-contractors shall abide
at all times by all existing labour enactments and rules made there under, regulations,
notifications and bye laws of the State or Central Government or local authority and
any other labour law (including rules), regulations, bye laws that may be passed or
notification that may be issued under any labour law in future either by the State or
the Central Government or the local authority. Salient features of some of the major
labour laws that are applicable to construction industry are given 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 there under, regulations or notifications including
amendments. If the Employer is caused to pay or reimburse, such amounts as may
be necessary to cause or observe, or for non-observance of the provisions stipulated
in the notifications/bye laws/Acts Rules/regulations including amendments, if any, on
the part of the Contractor, the Engineer/Employer shall have the right to deduct any
money due to the Contractor including his amount of performance security. The
Employer/Engineer shall also have 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 Sub-Contractor in no case shall
be treated as the employees of the Employer at any point of time.

SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK.

(a) Workman Compensation Act 1923:- The Act provides for compensation in case of
injury by accident arising out of and during the course of employment.
(b) Payment of Gratuity Act 1972:- Gratuity is payable to an employee under the Act of
satisfaction of certain conditions on separation if an employee has completed 5 years
service or more on death, the rate of 15 days wages for every completed year of
service. The Act is applicable to all establishments employing 10 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:
(i) Pension or family pension on retirement or death, as the case may be.
(ii) Deposit linked insurance on the death in harness of the worker.
(iii) Payment of P.F. accumulation on retirement/death etc.
(d) Maternity Benefit Act 1951:- The Act provides for leave and some other benefits to
women employees in case of confinement or miscarriage etc.
(e) Contract Labour (Regulation & Abolition) Act 1970:- The Act provides for certain
welfare measures to be provided by the Contractor to contract labour and in case the
Contractor fails to provide, the same are
required to be provided, by the Principal Employer by Law. The Principal Employer is
required to take Certificate of Registration and the Contractor is required to take
license from the designated Officer. The Act is applicable to the establishments or
Contractor of Principal Employer, if they employ 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 Buildings, Roads, Runways
are scheduled employments.
(g) Payment of Wages Act 1936:- It lays down as to by what date the wages are to be
paid, when it will be paid and what deductions can be made from the wages of the
workers.
(h) Equal Remuneration Act 1979:- The Act provides for payment of equal wages for work
of equal nature to Male and Female workers and for not making discrimination against
female employees in the matters of transfers, training and promotion etc.
(i) Payment 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 up to Rs.3500/- per month shall be worked out by taking wages
at Rs. 2500/- per month only. The Act does not apply to certain establishments. The
newly set-up establishments are exempted for five years in certain circumstances.
Some of the State Governments have reduced the employment size from 20 to 10 for
the purpose of applicability of this Act.
(j) Industrial Disputes Act 1947:- The Act lays down the machinery and procedure for
resolution of Industrial disputes, in what situation a strike or lock out becomes illegal
and what are the requirements for laying off or retrenching the employees or closing
down the establishment.
(k) Industrial Employment (Standing Orders) Act 1946:- It is applicable to all
establishments employing 100 or more workmen (employment size reduced by some
of the State and Central Government to 50). The Act provides for laying down rules
governing the conditions of employment by the Employer on matters provided in the
Act and get the same certified by the designated Authority.
(l) Trade Unions Act 1926:- The Act lays down the procedure for registration of trade
unions of workmen and employers. The Trade Unions registered under the Act have
been given certain immunities from Civil and criminal liabilities.
(m) Child Labour (Prohibition & Regulation) Act 1986:- The Act prohibits employment of
children below 14 years of age in certain occupations and processes and provides for
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 Act is applicable to an establishment which employs 5 or more inter-
state migrant workmen through an intermediary (who has recruited workmen in one
state for employment in the establishment situated in another State). The Inter-State
migrant workmen, in an establishment to which this Act becomes applicable, are
required to be provided certain facilities such as housing, medical aid, traveling
expenses from home up to the establishment and back, etc.
(o) The Building and Other Construction Workers (Regulation of Employment and
Conditions of Service) Act1996 and the Cess Act of 1996:-All the establishments who
carry on any building or other construction work and employs 10 or more workers are
covered under this Act. All such establishments are required to pay cess at the rate
not exceeding 2% of the cost of construction as may be modified by the Government.
The Employer of the establishment is required to provide safety measures at the
Building or Construction work and other welfare measures, such as Canteens, First-
Aid facilities, Ambulance, housing accommodation for workers near the work place
etc. The Employer to whom the Act applies has to obtain a registration certificate from
the Registering Officer appointed by the Government.
(p) Factories Act 1948:- The Act lays down the procedure for approval of plans before
setting up a factory, health and safety provisions, welfare provisions, working hours,
annual earned leave and rendering information regarding accidents or dangerous
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 power
engaged in manufacturing process.

3. ARBITRATION (GCC Clause 25.3)

The procedure for arbitration will be as follows:

25.3 (a) In case of Dispute or difference arising between the Employer and a domestic
contractor relating to any matter arising out of or connected with this Agreement, such
dispute or difference shall be settled in accordance with the Arbitration and
Conciliation Act, 1996. The parties shall make efforts to agree on a
 sole arbitrator and only if such an attempt does not succeed and the Arbitral Tribunal
consisting of 3 arbitrators one each to be appointed by the employer and the
Contractor and the third Arbitrator to be chosen by the two Arbitrators so appointed by
the parties to act as Presiding Arbitrator shall be considered. In case of failure of the
two arbitrators appointed by the parties to reach upon a consensus within a period of
30 days from the appointment of the arbitrator appointed subsequently, the Presiding
Arbitrator shall be appointed by the * Council, Indian Roads Congress.

(b) The Arbitral tribunal shall consist of three Arbitrators one each to be appointed by
the Employer and the Contractor. The third Arbitrator shall be chosen by the two
Arbitrators so appointed by the Parties, and shall act a presiding arbitrator. In case
of failure of the two arbitrators by the parties to reach upon a consensus within a
period of 30 days from the appointment of the arbitrator appointed consequently, the
Presiding arbitrator shall be appointed by the * Council, Indian Roads Congress.

(c) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (a) and
(b) above within 30 days after receipt of the notice of the appointment of its arbitrator
by the other party, then the * Council, Indian Roads Congress shall appoint the
Arbitrator. A certified copy of the order of the Council, Indian Roads Congress,
making such an appointment shall be furnished to each of the parties.

(d) Arbitration proceedings shall be held in India, and the language of the arbitration
proceedings and that of all documents and communications between the parties
shall be English.

(e) The decision of the majority of Arbitrators shall be final and binding upon both
parties. The cost and expenses of Arbitration proceedings will be paid as determined
by the arbitral tribunal. However, the expenses incurred by each party in connection
with the preparation, presentation, etc. of its proceedings as also the fees and
expenses paid to the arbitrator appointed by such party or on its behalf shall be
borne by each party itself.
(f) Performance under the contract shall continue during the arbitration proceedings
and payments due to the contractor by the owners shall not be withheld, unless they
are the subject matter of the arbitration Proceedings.

4. Inspection and Plants and Allied Machinery:

The plant and allied machinery required for execution work of mainly Breast wall,
Retaining wall, Gabion wall, GSB, WBM, ICBP etc. shall be inspected/examined by
the concerned Superintending Engineer/Executive Engineer before commencement
of the work.

G. ADDITIONAL SPECIAL CONDITIONS

1. In order to ensure submission of the work programme and approval of the same by
the department before commencement of the work the following target dates are fixed
for the related activities for compliance by all concerned:
A) The contractor after receiving the Letter of Acceptance shall furnish the work
programme to the concerned Executive Engineer within 10 (ten) days from the date
of issue of the Letter of Acceptance.
B) The concerned Executive Engineer in turn shall forward the same after necessary
scrutiny to the Superintending Engineer for onward transmission to the Chief Engineer
within10 (ten) days from the date of receipt of programme. The work program should
be based upon M-S Project.
 C) The signing of the contract agreement will be subject to the acceptance of the work
programme by the Executive Engineer.
2. From the date of taking over of site by contractor till the completion of the whole work,
the entire responsibility for **maintenance of the road portion & subways to RCC
Bridges including the portions where the work is not yet started (in addition to the
maintenance of the already executed works) shall lie with the contractor. In case the
contractor fails to carry out the maintenance works, he will be notified by the Executive
Engineer to execute the same. If the contractor still then fails to carry out the same
within 7 days from the date of receiving instruction etc. from the Executive Engineer
in writing, the Executive Engineer will be done the work and the cost thereof will be
recovered from the contractor’s next bill for the works. The maintenance of Road as
required in the place of work is to be carried out as per the existing provisions of the
road i.e. EW/GSB/WBM/WMM/ICBP as may be applicable as per the direction of the
Engineer in Charge.
3. The grade of bitumen for the various types of bituminous works course should be as
per items of BOQ of the work
4. The Hot Mix Plant should be set up within a linear distance of 20 to 30 km from the
work site, as per IRC SP:24.
5. The record of quality control test carried out in conformity with the technical
specification No. 900 and authenticated by the PWD staff shall be submitted to the
Executive Engineer with every works bill and secured advance bill. The Executive
Engineer will forward no bill without these test records to the employer/ engineer.
6. The contractor after receiving the letter of acceptance shall furnish 3(three) Xerox
copies of the contract agreement including the qualification criteria and other related
papers forming the contract, as directed by the Department for which no extra
payment shall be paid by the employer/Deptt.
7. The contractor after receiving the letter of acceptance shall place technical key
persons within 10 days with their name with address for communication, telephone
No to the concerned Executive Engineer. During execution of the project, replacement
of technical key persons, once posted cannot be withdrawn/replaced without prior
approval of the employer/Deptt.
8. The contractor after receiving the letter of acceptance shall place required good
condition & workable tools & machineries at work’s site within 10 days.
9. Field laboratory as per prescribed plan with quality control equipments are to be set
up at site within 20 days from the date of receiving the letter of acceptance. 2nos of
B.Sc Graduate and 1no of Diploma in Civil are to be employed for conducting the
necessary tests and for maintaining the laboratory.
10. Possession of site will be given fully or partly in phase manners per site condition
according to work programme, progress of work, relevant activities without affecting
the mile stones, this will not be considered as Compensation Event. This may be read
in conjunction with cl No. 21.1 of condition of contract.
11. Deleted.
12. A third party monitoring with appropriate video recording/ photography of the progress
of implementation at the project site shall be carried on during the execution of work
and on completion of the work as mandatory. The third party as appointed by the State
Govt. shall be informed by the Employer to the selected bidder and concerned
Executive Engineer of the PWD Division.
13. All testing for Bituminous Products must be carried from either of the following
Laboratories/ Institutions: a. I.I.T Guwahati
b. Road Research Laboratory, PWD Guwahati
c. Silchar NIT
 The sample from which the testing has to be conducted shall be decided by the
Employer i.e. Executive Engineer PWD Roads / Engineer-in -Charge.
14. The following quality control equipments for field laboratory are to be kept at site for
quality control tests to be done by the Contractor under the strict supervision of the
departmental Engineer and Staff.
A) For Earthwork :-
i) Moisture Meter with chemicals ii) Apparatus for
measuring Dry density by sand replacement method iii)
Apparatus for measuring Dry density by core
cutter method iv) Oven, electrically operated and
thermostatically controlled upto 2000C & 3000C (sensitivity
10C) v) Electronic balance of 200gm capacity
0.01gm accuracy.
vi) Madras Sand.
B) For G.S.B., W.B.M., P.C. & S.C, B.M. & S.D.B.C. Work :-
i) Automatic Core cutting Machine ii)
Thermometers.
a) Metallic type (Mercury in steel) with 30cm atem and 3m stem for near and
distant readings.
b) Glass type (Mercury in glass) of ranges 1100C, 2500C
c) Infra-red Temperature meter
d) Digital thermometer (-500C to 3000C)
iii) Electronic balance of 10kg capacity of
accuracy 0.5gm. iv) Electronic balance of 5kg
capacity of accuracy 0.01gm. v) Standard set of 1.5
sieves, lid and Pan :-
a) 450mm dia for coarse aggregate, 63mm, 53mm, 37.5mm, 26.50mm,
13.20mm, 9.50mm, 6.7mm and 4.75mm.
b) 200mm dia for file aggregates :-
2.36mm, 2.0mm, 1.18mm, 600 micron, 425 micron, 300 micron, 150 micron,
75 micron.
vi) Flakiness and Elongation test gauge as per IS:2386 Part-1
vii) Water Adsorption Test apparatus as per IS:2386 Part-5
viii) Aggregate Impact value test apparatus as per IS:2386 Part-4 ix)
Penetration test apparatus x) Softening point test apparatus xi)
Apparatus for determining solubility in trichloroethylene test
xii) Viscometer as per IS:3117 for emulsion
xiii) Electrically operated centrifuge type bitumen extractor and Toluene (C6,
H5CH3)
xiv) Glassware, graduated cylinder, spatula, scoops, steel scales, measuring
tapes, enameled trays, filter paper, 4mm thick glass, glass marking pencils,
heat resistant hard gloves.
xv) Mechanical sieve shaker – 450mm dia, 200mm dia.
xvi) Riffle boxes for sampling of coarse and fine aggregator.
15. Only TMT CRS reinforcing bars are to be used in the work. The same must bear
certification from ISI marked reputed company or authorized dealer. The same must
be approved by the Engineer-in Charge concerned
16. As per State Govt. circular No.CRD.119/2003/5, dtd. 21-09-04. The Bid price to be
rounded off at grand total amount arrived at after multiplication and summing up from
detailed item wise rate and quantities to the nearest rupee by ignoring paise below
 fifty and to next rupee for amount with fifty paise or more. The ranking in the financial
bid/comparative statement shall be based upon the rounded bid price.
17. Deleted
18. Deleted
19. The work will be executed as per specifications of sanctioned estimated provisions
and relevant IRC/IS Codes.
20. It shall be ensured that for production of materials in crushers, boulders of minimum
150 mm size are utilized for the purpose.
21. Collection of materials on the road sides should be so planned that it should
commensurate with the physical progress of works and the collected materials should
not cause any hindrance to the traffic. It must be ensured that contractor arranges for
separate land for storage of road construction materials and machinery and these
shall not be allowed to be stacked on roadside.
22. Bitumen used for the work shall be heated in boilers only and not in drums on open
fire. Spraying of bitumen wherever necessary should be done only with the
mechanical sprayers and premixing of bitumen and stone aggregates should be done
only in the proper mechanical mixture/ hot mix plant.

23. The work shall be executed as per Ministry’s specifications for Road & Bridges works
(5th Revision, 2013) and instructions issued by this Ministry from time to time.
Deviation is specifications for any works should be got approved from the Ministry
before adopting the same.

24. The work is to be carried out in accordance with the handbook of quality control for
construction of Roads& Runways (2nd Revision) IRC-SP-11,1988, observing strict
quality control instructions as directed by the Departmental officers and permanent
records maintained thereof.

25. During the course of execution of work, traffic management shall be done in
accordance with the guidelines contained in IRC:SP-55-2001” Guidelines on safety in
construction zone”.

26. The following road safety materials must used during the time of execution / diversion
of traffic.
i) Traffic cone (385mm x 385mm base) x 722mm
ii) Safety jackets for labours/officers iii) Safety helmets
for labours/officers iv) Safety reflective gloves
v) Pollution masks for
labours&engineers vi) Hand hold
search light vii) Led batons.
27. The display boards on development activities of the work shall be made as per
direction of the Departmental officers in-charge.
28. Roughness measurements, as an aid to more effective monitoring of road construction
and maintenance operation, will be taken after completion of work as per guidelines
circulated to the State PWD’s in Ministry’s letter No.RW/NH-33044/10/2000-S&R, dtd.
22-05-2000.
29. Video and Still Photography of the stretch to be improved/ renewed before and after
execution of the work should be invariably done and records sent to the Employer
through the concerned Executive Engineer for appreciation of work done.
30. Before actual execution, the borrow area for selected earth shall be exactly identified
and got inspected and approved from an officer to be appointed by the Executive
Engineer.
31. All bitumen will have to be procured by the contractors from the refinery sources of
IOC, HPC and BPC only. Verification of related documents for purchase & testing of
bitumen from Engineer-in-Charge is compulsory.
32. All taxes & levies, cessetc shall be deducted as per Govt. rules in addition to directives
contain in Govt. letter No.ADT.326/2009/43, dt. 07.12.2009.
33. Each and every page constituting technical bids submitted should preferably be bound
and shall be signed /self attested by the authorized representative of the bidder
submitting the bids.
34. Credential certificate for single similar work/quantity executed in a particular
year submitted by the bidder from any employer other than Assam Public
Works Department shall contain the full name, address, e-mail address, fax no.
& mobile no. of the issuing officer and his head of the department shall
invariably be furnished along with the certificate for verification from this office
/ bid evaluation committee during the time of Technical bid evaluation. In the
event of non fulfillment of the above condition or, non receipt of the certificate
from the concerned authority within 7(Seven) days time for confirmation of the
authenticity of the certificate as well as its contents; the said credential shall
not be taken into consideration for qualification of the bidder.

35. Deleted 36. Deleted

37. Deleted
38. Income tax, Labourcess, GST will be deducted from each bill of the contractor as per
prevailing rate.

39. Deleted
40. The Engineer may also extend the Intended Completion Date after obtaining
approval from Chief Engineer/ Employer if a Compensation Event does not occur in
the interest of work and if contractor is seen taking steps to accelerate the remaining
work. In that case, the extension of Intended Completion Date will be granted without
any claim of price escalation by the Contractor to incur additional cost.

41. Deleted
* Applicable for works costing Rs. 5.00 Crore and above.
** Clarification regarding maintenance of road during the period of construction
The maintenance of the road & subway bridges as required in the place of work is to be
carried out complete as per the direction of the Engineer in-charge.

42. Email address for communication:

Valid Email address of the contractor is necessary for further communication and any
intimation done via email should be responded by the contractor.

43. Security deposit (SD)/Retention money @ 8% of Bill Value will be deducted

from interim bill of the contractor.
 SECTION 4
CONTRACT DATA
 CONTRACT DATA

Clause reference
With respect
To Section 3
1. The Employer is Executive Engineer, PWRD,
[Cl. 1.1]
Address: O/o the Executive Engineer, PWRD, Bokakhat & Dergaon TRD

2. The Engineer is: The Executive Engineer, PWRD, As detailed in NIT. Name of
authorized Representative:

3. The non official member of Dispute Review committee appointed jointly by the
Employer and
[Cl. 1.1]
Contractor is:(to be decided mutually later)
*Name: ______________________
*Address: ____________________
4. The Defects Liability Period is 1(one) years from the date of completion. [Cl.1.1 & 35]

5. The start date shall be 7 days for the date of issue of the Notice to [Cl.
1.1] proceed with the work.The Contractor shall submit a Program for the Works within
10 days of signing the contract.

6. The Intended Completion Date for the whole of the Works is 3 (three) months after
start of work with the following milestone. [Cl.1.1.17&28]

Milestone to be achieved during the contract period

Mile stone 1 --- 15% of the entire contract work in 25% of the period
allowed for completion of construction
Mile stone 2 --- 40% of the entire contract work in 50% of the period
allowed for completion of construction
Milestone 3 ---- 75 % of the entire contract work in 75% of the period allowed
for completion of construction
Milestone 4 ----100% of the entire contract work within the period allowed
for completion of construction
7. The site is located in .................. District.As mentioned in NIT

8. The name and identification number of the Contract is :As mentioned in NIT Pkg No:-
As mentioned in NIT[Cl. 1.1]
9. The works consist of :- E/W, GWC, GSB,WBM/WMM, Breast wall, Retainng wall,
Gabion wall, Excavationof hard Rock, RCC works etc.
The works shall, inter alia, include the following, as specified or as directed:

Clause Reference
With
respect
To
section 3
(A) Road Works

Site clearance; setting out layout; widening of existing carriageway and strengthening
including camber corrections; construction of new road/parallel service road;
bituminous remodeling/construction of junctions, intersections, bus bays’ lay byes;
supplying and placing of drainage channels, flumes, guard post and guard other
related items, construction/extension of cross drainage works, bridges, approaches
and other related stones; road marking, road signs and kilometer/hectometer stones;
protective works for roads/bridges; all aspects of quality assurance of various
components of the works; rectification of the defects in the complete 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 works in accordance with the drawings and provisions of the contract to ensure
safety.

(B) Bridge Works

Site clearance; setting out, provision of foundations, piers abutments and bearing;
prestressed/reinforced cement concrete superstructure; wearing coat, hand railings,
expansion joints, approach slabs, drainage 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
aspects of 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” drawing 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

Any other items as required to fulfill all contractual obligations as per the
Bid documents. [C1.1.1]

10. The following documents also form part of the contract: [Cl.2.3(9)]

11. The law which applies to the contract is the law of Union India [Cl.3.1]

12. The language of the contract documents is English [Cl. 3.1]

13. Deleted. [Cl.7.1]

14. The Schedule of other Contractors [Cl.8]

15. The Schedule of Key Personnel As per Annex-II to Section I [Cl.9]

16. The minimum insurance cover for physical property, injury and death [Cl.13] is
Rs. 5 lakhs per occurrence with the number of occurrences limited to four. After each
occurrence, 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 7 days from the data of notice to
proceed with the work [Cl.21]

19. Fees and types of reimbursable expenses to be paid to the Dispute

Review Expert [Cl.25]

(To be inserted later)

20. Appointing Authority for the Dispute Review Expert-Council, Indian [Cl.26]
Roads Congress, New Delhi./Govt of Assam.

21. The period for submission of the programme for approval of Engineer [Cl.27.1] shall
be 21 days from the issue of Letter of Acceptance.

22. The period between programme updates shall be 30 days. [Cl.27.3]

23. The amount to be withheld for late submission of an updated [Cl.27.3] programme
shall be Rs. 1.00 lakhs

24. The following events shall also be Compensation Events: [Cl.44]

Substantially adverse ground conditions encountered during the course of execution

of work not provided for in the bidding document.

(i) Removal of underground utilities detected subsequently.

(ii) Significant change in classification of soil requiring additional mobilization by
the contractor, e.g. ordinary soil to rock excavation.
(iii) Removal of unsuitable material like marsh, debris dumps, etc. not caused by
the contractor (iv) Artesian conditions
(v) Seepage, erosion, landslide
(vi) River training requiring protection of permanent work
(vii) Presence of historical, archeological or religious structures, monuments
interfering with the works.
(viii) Restriction of access to ground imposed by civil, judicial, or military authority.
25. The currency of the contract is Indian Rupees. [Cl.46]
26. Deleted
27. The proportion of payments retained (retention money) shall be 8% & 9% [Cl.48]

For ST/SC/MOBC/OBC/ unemployed (Graduate / Diploma) Engineers from each bill

.

28. Amount of liquidated damages for [Cl.49]

delay in completion of works
1% per week of contract price for whole / part of work as fixed per
mile stone at item 6 of contract data , rounded off to the nearest
thousand .
29. Maximum limit of liquidated 10 percent of the Initial Contract [Cl.49]
damages for delay in completion of price rounded off to the nearest thousand.
work.
30. Deleted
31. Deleted
32. The amounts of the advanced payment are :
Nature of advance Amount (Rs. Condition to be fulfilled) [Cl.51& 52]
i) Mobilization10% of the Contract priceOn submission of unconditional Bank Guarantee
(tobe drawn before the end of 20% of
Contract period).The contractor may
furnish four bank guarantees of2.5%
each, valid for full period.
ii. Equipment 90% for new and 50% of After equipment is
brought to site (provided thedepreciated value for old
Engineer is satisfied that the equipment is requiredequipment. Total
amount will be for performance of the contract) and on submission
ofsubject to a maximum of 5% of unconditional Bank Guarantee
for amount ofthe Contract price. advance.

iii) Securedadvance for 75% of Invoice a) The materials are in accordance

nonperishablematerialsbrought vFalue with thespecification for Works.
to site b) Such materials have been
delivered to site, andare properly
stored and protected
againstdamage or deterioration
to the satisfaction of theEngineer.
The contractor shall store the
bulkmaterial in measurable
stacks.;
c) The Contractor’s records of the
requirements,orders, receipt and
use of materials are kept in aform
approved by the Engineer and
such recordsshall be available for
inspection by the Engineer;
d) The contractor has submitted
with his monthlystatement the
estimated value of the materials
onsite together with such
documents as may berequired by
the Engineer for the purpose
ofvaluation of the materials and
providing evidenceof ownership
and payment thereof;
e) Ownership of such materials
shall be deemed tovest in the
Employer for which the
Contractor hassubmitted an
Indemnity Bond in an
acceptableformat; and
f) The quantities of materials are
not excessive andshall be used
within a reasonable time
asdetermined by the Engineer.

(The advance payment will be paid to the Contractor no later than 28 days after fulfillment
of the above conditions).
33.
Repayment of advance payment for mobilization and equipment: [Cl. 51.3]

The advance load shall be repaid with percentage deductions from

the interim payments certified by the Engineer under the Contract.
Deductions shall commence in the next Interim Payment Certificate
following that in which the total of all such payments to the
Contractor has reached not less than 20 per cent of the Contract
Price or 6 (six) months from the date of payment of first installment
of advance, whichever period concludes earlier, and shall be made
at the rate of 20 percent of the amounts of all Interim Payment
Certificates 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 the completion pursuant to Clauses 17 & 28.

34. Repayment of secured advance: [Cl.51.4]

The advance shall be repaid from each succeeding monthly
payments to The extent materials [for which advance was
previously paid pursuant to Clause 51.4 of G.C.C.] have been
incorporated in to the works.

Clause
Refere
nce
With
respect
To
section
3

35. The Securities shall be for the following minimum amounts equivalent as [Cl.52]
a percentage of the Contract Price:

Performance security for 2 percent of contract price plus Rs. …………..

(to be decided after evaluation of the bid) as additional security items of
ITB Clause 34.5

The standard form of performance Security acceptable to

the Engineer shall be an unconditional bank Guarantee of
the type as presented in Section 9 of the Bidding
Documents.

36. Deleted. [Cl.58]

37. Deleted.
[Cl.58]
38. Deleted. [Cl.58]

39. The following events shall also be fundamental breach of contract: [Cl.59.2]

“The Contract has contravened Sub-clause 7.1 and Clause 9 of G.C.C.”

40. The percentage to apply to the value of the work not completed [Cl.60]
representing the Employer’s additional cost for completing the Works shall be
20 percent.
 SECTION- 5
TECHNICAL SPECIFICATIONS
Technical Specifications
Section-5

Clause 5.1: Technical specifications for road and bridge works shall be the
"SPECIFICATION FOR ROAD AND BRIDGE WORKS" (Fifth Revision, 2013),
along with other addendum, corrigendum issued up to 28 days before the final
date of submission of bid issued by the MORT&H Govt. of India and published
by IRC with a cross reference to relevant BIS for materials or other aspects not
covered by IRC.
The Technical Specifications contained herein shall be read in conjunction with
other documents of the Bid.
Clause 5.2General Requirements
The Technical Specifications in accordance with which the entire work
described herein after shall be carried out and completed by the contractor
shall comprise the following:

Part I: GENERAL TECHNICAL SPECIFICATIONS

Part II: SUPLIMENTARY TECHNICAL SPECIFICATIONS

Part III: ADDITIONAL TECHNICAL SPECIFICATIONS

Clause 5.2.1 PART I: GENERAL TECHNICAL SPECIFICATIONS

The General Technical Specifications shall be the Specifications for the Road and Bridge
works (5thRevision- April, 2013) issued by the Ministry of Surface Transport
(Roads Wing) Govt. of India and published by the Indian Roads Congress.

Clause 5.2.2 PART II: SUPLIMENTARY TECHNICAL SPECIFICATIONS

The Supplementary Technical Specifications shall comprise various
Amendments/Modifications/Additions to the “Specification foe Road and Bridge
Works” referred to in Part-I above and Additional specifications for particular item
of works not already covered in Part-I.

Clause 5.2.2.1 A Particular clause or a part thereof in“Specification foe Road and Bridge Works”
(4th Revision- Reprinted in May, 2001 referred to in Part-I above) where
Amended/Modified/Added upon, and incorporated under Part-II, referred to
above, such Amendments/Modifications/Additions will supersede the relevant
clause or part of the clause.
Clause 5.2.2.2 The additional specifications comprise of specifications for particular item of
works not already covered in part-I.

Clause 5.2.2.3 When an Amended/Modified/Added clause supersedes clause or part thereof in

the said specifications then any reference to the superseded clause shall be
deemed to refer to the Amended/Modified/Added clause or part thereof.

Clause 5.2.2.4 In so far as any Amended/Modified/Added clause may come in conflict or be

inconsistent with any of the provisions of the said specifications under reference,
the Amended/Modified/Added clause shall always prevail.

Clause 5.3 AMMENDMENT/MODIFICATIONS/ADDITION OF CLAUSES

Clause 5.3.1 The following clauses in the “Specification foe Road and Bridge Works” (5th
Revision-)
Clause 5.4 GENERAL TECHNICAL SPECIFICATIONS
The “SPECIFICATIONS FOR ROAD AND BRIDGE WORKS” (5th Revision- April, 2013),
issued by the Ministry of Surface Transport (Road Wings), Government of
India and published by the Indian Road Congress, Jamnagar House, New Delhi-
110011, shall be deemed to be bound into this document.

Note: In the absence of any definite provisions on any particular issue in the aforesaid
specifications, reference may be made to the specifications of latest IRC
Codes and BIS Codes where IRC codes are silent on that issue. Where even
BIS Codes are silent, the Specifications of Assam PWD (ROADS/ARIASP &
RIDF) shall apply. If none of the foregoing applies, the construction and
completion of works shall conform to sound Engineering practice as approved
by the Engineer. In case of any dispute arising out of the interpretations of the
above, the decision of the Engineer in charge shall be final and binding on the
Contractor.
SUPPLEMENTARY TECHNICAL SPECIFICATIONS
AMENDMENTS/MODIFICATIONS/ADDITIONS/TO EXISTING
CLAUSES GENERAL TECHNICAL SPECFICATIONS
Clause 102 DEFINITIONS
At the following at the end of this clause
MOST Ministry of Surface Transport
PWD(ROADS)-Public Works Departments (Assam)

Clause 105 SCOPE OF WORKS

Clause105.1 This clause shall be read as under:
“The work to be carried out under this contract shall consist of the various items
as generally described in the Bill of Quantities in the Bid Documents.”

CONTRACT DRAWINGS
The first sentence of this clause shall be read as under:
Any drawings provided for tendering purpose shall be used as a reference only
and not for construction or any financial claims.
Add the following to this clause:
“No extra claim by the contactor towards any delay in issue of the drawing or
issue of any revision/change to the drawings due to change in hydraulic data
and design soil parameters obtained from confirmatory boring by the contractor
shall be admissible. The Engineer shall intimate the contractor 37 days in
advance regarding any delay in issue of drawings for anyparticular stage of
work. If the work gets affected due to delay in issue of drawings, the contractor
shall be granted extension of time to the extent the works get effected on this
account.”
All drawings for bridge proper should be prepared considering hydraulic
data as per approved estimate.

Clause 112 ARRANGEMENT FOR TRAFFIC DURING CONSTRUCTIONS

Clause 112.3 Passage of traffic along a Temporary Division
This clause shall be read as under:
At locations where new Bridge/cross-drainage work is to be constructed on
existing alignment, a temporary diversion shall be constructed to pass the
vehicular traffic with the following provisions:
 i) Katcha road will be made minimum 4.2m widths with compacted soil as
approved by the Engineer. The formation level should be above HF2
ii) This temporary road shall be made with east longitudinal gradients which
shall not exceed 7 percent.
iii) A layer of 13 to 38mm gravel/53 to 22mm broken metal shall be laid over
the earthen formation. The thickness will be as per direction of the
Engineer in charge.
iv) The diversion road including cross-drainage work shall be made as per
approval of the Engineer. It shall be responsibility of the contractor to
construct, maintain the diversion as well as the temporary
bridge/culvert/footway including its approaches till the completion of
permanent work and opening it to traffic.

Clause 202 DISMANTLING CULVERTS, BRIDGES AND OTHER

STRUCTURES/PAVEMENTS

Clause 202.6 Measurements of Pavement

Read Clause with the following amendment
v) Dismantling timber structures shall be in linear metre.

Clause 301 EXCAVATION OF ROADWAY AND DRAINS

Preparation of Cut Formation
Delete first sentence of Para 2 “where the material in the sub grade…” and
substitute:

i) “Where the material in the sub grade (that is within 300mm from the lowest
level of the pavement) has a density less than percentages specified in
Table 3.00.2 compared to maximum laboratory dry density as per IS 2720
(Part 7) i.e. light compaction, the contractor shall:
ii) R4move the upper 150mm of the sub grade soil to outside the roadway.
iii) Loosen; water as necessary and compact-in-situ the sub grade to a depth
of 150 mm to the requirements of clause 305.
iv) Replace the earlier (ii above) excavated soil by spreading, watering as
necessary, and
compacting in layers in accordance with clause 305.”
Clause 304 EXCAVATION FOR STRUCTURES

Clause 304.3.4 Preparation of Foundation

In paras 2 and 3 of this clause, substitute ‘concrete grade M10’ in place of 1:3:6
nominal mix.

Clause 305 EMBANKMENT CONSTRUCTION

Clause 305.3.4 Compacting ground supporting embankment/sub grade

In the second Para, the words “’0.5m” shall be substitute by “0.3m”

Clause 305.3.5.1 Add the following at end of the clause

‘The spreading of materials by manual means shall also be allowed as
approved by the
Engineer.’
Clause 305.3.5.4 Add the following at end of the clause
‘The sprinkling of water by manual means shall also be allowed as approved
by the Engineer.’
Clause 306 SOIL EROSION AND SEDIMENTATION CONTROL

Clause 306.4 Measurement of Pavement

Existing clause shall be deleted and modified as under:
“All temporary sedimentation and pollution control works shall be deemed as
incidental to the earthwork and work as such no separate payment shall be paid
for the same.”

Clause 306.5 Rates

This clause shall be deleted.
SURFACE/SUB-SURFACE DRAINS
Clause 309

Clause 309.2 Surface Drains

Add the following at the end of the clause.
The surface drains shall be of the following basic types:
1) Lined drain
2) Unlined drain
Add new sub-clauses as under:

Clause 309.2.1 Lined Drain

Lined Drain shall be constructed to the lines, grades, levels and dimensions
as shown in the drawing or as directed by the Engineer. It will consist of brick)
masonry in cement mortar (1:;3), cement plaster (1:3) with neat cement finish
all constructed as per Technical Specification Clause 301,1300 and as
applicable.

Clause 309.2.2 Underlined Drain

Underlined Drain shall be constructed by excavating and finishing as per
Technical Specification clause 301 to the required lines, levels, grades and
dimensions as shown in the drawing or as directed by the Engineer.

Clause 401 GRANUALS SUB-BASE

Clause 401.2.1 The first para of this clause shall be read as under:
The material to be used for the work shall be natural sand, crushed stone,
gravel, or combinations there of depending upon the grading requirements and
as approved by the Engineers. The material shall be free from organic and
other deleterious constituents and conform to grading I given in table 400-2.

Clause 401.4.2 Spreading and compacting

Add the following at end of
the clause:
The spreading of sub-base materials by manual means and sprinkling of water
by manual means shall also be allowed as approved by the Engineers.

Clause 404 WATER BOUND MACADAM SUB-BASE/BASE

Clause 404.2.5 Grading requirement of coarse
aggregates The first para shall be read
as under:
The coarse aggregates shall conform to grading no. 2 of Table 400-7 for lower
layer of 75mm thickness and grading no.3 for top layer of 75mm thickness.
Clause 513 SEAL COAT
Clause 513.1.2 This para shall be substituted as under,
Seal coat shall be type (A) liquid seal coat comprising of an application or a
layer of bituminous binder followed by a cover of stone chippings.

Clause 903 QUALITY CONTROL TESTS DURING CONSTRUCTION

At the following sub clause after clause 903.2.3

Clause 903.2.4 Test on suitable material from road way and drainage Excavation to be
brought to embankment
fill.
The following test on representative samples shall be carried out:

(a) Plasticity test {IS:2720(part-5)}:Each type to be tested, one test per

1000cubic metre of soil.
(b) Gradation test: Each type to be tested, one test per 1000 cubic metre of
soil
(c) CBR test on materials to be in corporate in the sub grade on soaked
samples {IS: 2720(part-16)}:one CBR test for every 2000 cubic metres at
least or closer as when required by the Engineer.
(d) Density test { IS: 2720(part-7)} :Each type to be tested, one test per 1000
cubic metres of soil.

Clause 1015: TEST AND STANDARD OF ACCEPTANCE:

The 2ndpara of this clause shall be read as under:
Testing of cements shall be done for each consignment / batch by the contractor either in a
recognized laboratory installed at site at contractors cost. Any cement with
lower quality then those shown in relevant IS/BIS codes shall be debarred
from use of work
Clause 1107: CAST-IN-SITU CONCRETE PILES
At the following paragraph at the end of clause 1107
The steel casing of 3.5m minimum length fabricated from steel plate of minimum
8mm thickness shall be provided at top from 30cm above LWL/L.B.L whichever is higher.
The casing, is to be withdrawn, shall be carried out in stage simultaneously during
concreting. The concreting in bore is to be done upon 300mm above L.W.L/L.B.L whichever
is higher. For any eventually if temporary liner casing cannot be withdrawn no extra payment
will be made for such left out casing.

** Load Test on Piles shall be carried out as per provision of relevant IRC code and
MORT&H guidelines.

** Only Steel shuttering shall be used for all components of bridge proper (
Foundation, Sub-structure,Superstructure) & steel staging for superstructure
work .
Part III-Additional Technical Specifications:

General
Notwithstanding the provisions of the general conditions, the works and the materials used
by the contractor shall comply with or exceed the requirements relevant sections of the
Ministry of Road Transport and Highway (MORTH) specifications for Roads and Bridges
works (4th Revision 2001, published by IRC) and these Additional Technical Specifications
applicable to this contractaredetailed in this section.

Petrol Maintenance Unit (PMU)

The Contractor shall provide and run daily, except on Sundays and Holidays permitted by the
Engineer, a minimum of one committed Patrol Maintenance Unit (PMU) comprising personnel
and equipment to undertake the carrying out the ordinary Maintenance Lump sum works as
specified. All roads included in the BoQ shall be visited by PMU at least once a month. The
PMU shall be a truck (minimum 6 tonnes) painted and labelled appropriately for safety and
public awareness to the Engineer’s satisfaction. Each PMU shall have as a minimum
requirement.

1 No Patrol Foreman
1 No Heavy Vehicle Driver
5 Nos Maintenance worker
PMU to be equipped with 2 No Mobile Phone
1 No Jack Hammer
1 No Compressure
1 No vibrating Plate compactor
1.0 m3 cold storable Bituminous Premix and 0.5m3 of sand
2 Nos Half Road Closed Signs
2 Nos “ Road works Ahead signs”
12 No 300mm Plastic “ High visibility” coloured traffic cones.
200 Kg drum of Bitumen Emulsion
A hand (or electric) Emulsion Spray Pump
200 Ltr. Drum of water
2 Nos rakes
2 Nos Long Handle shovels
2 No Long Handle Heavy duty Brooms.
2 Nos Pickaxe
High visibility Jackets (Uniform) for all the PMU crew
Operational Flashing amber lights fitted to the Patrol Truck
Petrol maintenance Unit (PMU) vehicle Identification visibly, painted onvehicle
(Contractor’s name, Clients name, Road names, Unit No, and Emergency
contract Phone No.)
REFERENCE To MORTH SPECIFICATION
General
Site Clearance
Earthwork, erosion control and damage
Sub-bases (Non bituminous) and shoulders
Bases and surface courses
Geosynthetics
Traffic Signs, Marking and other Road appurtenances
Quality control for Road works
 Materials for Structure
Brick Masonry
Stone Masonry
Form Work
Steel Reinforcement (Untensioned)
Structural Concrete
Bearings
Open Foundations
Sub-Structure
Concrete Super Structure
Surface and Sub Surface Geotechnical Exploration
River Training work and protection work
Expansion Joints
Wearing coat and Appurtenances
Repair of Structures
Pipe Culverts
Maintenance of Roads
REFERENCE To MORTH SPECIFICATION
General
Site Clearance
Earthwork, erosion control and damage
Sub-bases (Non bituminous) and shoulders
Bases and surface courses
Geosynthetics
Traffic Signs, Marking and other Road appurtenances
Quality control for Road works
Materials for Structure
Brick Masonry
Stone Masonry
Form Work
Steel Reinforcement (Untensioned)
Structural Concrete
Bearings
Open Foundations
Sub-Structure
Concrete Super Structure
Surface and Sub Surface Geotechnical Exploration
River Training work and protection work
Expansion Joints
Wearing coat and Appurtenances
Repair of Structures
Pipe Culverts Maintenance of
Roads
Special Clauses to Specifications :
Additional clauses to the MORTH specifications for Road and Bridge works (5th Revision
2013, published by IRC) section 3000 for Ordinary Maintenance activities. Job description for
Routine Maintenance are described in ppendix- A-along with Appendix B and Appendix C
attached.
 FOR TEMPORARY RESTORATION OF FLOOD DAMAGED ROADS

Description of the Works

The work shall consist of preparation by heavy dressing of the total width of the existing road
information to the outside edge of the existing shoulders to achieve a uniform cambered
surface, with an allowance made for shoulder material to remain in place to contain a new
maintenance gravel layer, following formation preparation, the placing, spreading, mixing,
watering and compacting of the maintenance gravel layer shall be carried out to the required
cross fall, width and depth. The previously crossfall as specified to ensure proper drainage of
the gravel surface. The completed finished surface of gravel pavement and shoulders shall be
smooth, without depressions and with uniform crossfall from centreline to the outer shoulder
edge. The granular materials from scarifying shall be utilized in preparation of the new gravel
surface.

ITEM-1: HEAVY DRESSING

1. 1 Scope of Works
Heavy dressing shall consist of cleaning, loosening and scarifying, across the whole width of
the road formation, of high spot of both the gravel surface and shoulders and the filling of low
spots, potholes, depressions and rain cuts with materials from high spots and scarified sections.
Where potholes and large depressions exist in the pavement areas, these shall be filled with
the best materials available from the scarified pavement sections. Where excess shoulders
material is spread on top of the pavement area, it shall be manually mixed with loosened gravel
materials to achieve a better-quality material. Where shoulders are badly damaged or
depressed, these shall be built up with additional approved soil material obtained locally and
the cost of the additional soil material is deemed to be included in the rate for this of heavy
dressing. The approved soil material shall confirm to Clause 301 of MORD “Specification for
Rural Roads”.
The finished surface of the existing road shall be shaped to obtain a crown at the centreline
with a crossfall to the pavement edge of 4% and allowance shall be made for sufficient
shoulder material to remain in place to contain the new maintenance gravel layer. If necessary,
a box shall be cut in the formation to provide a finished shoulder to the required finished level
to contain the new gravel layer. The cross fall of this shoulder shall be 4%.
To complete the heavy dressing item, the complete formation width including the pavement
area road raised shoulder shall be finished to a smooth surface without depressions or high
spots and watered road rolled with an 8 to 10 tonne steel wheeled roller to obtain a tight and
dense surface without any loose materials having a minimum field density of 95% of the
Maximum Dry Density.

2. 2 Scope of Works
Measurement of the sections to which heavy dressing has been applied shall be carried out
after completion of all heavy dressing operations. The width of the works shall be measured
between the outside edges of the newly compacted dressed areas at intervals of at least every
10 metres, for the full length of the completed works. The total surface area measured in square
metres shall be the quantity for payment of this item. The unit for payment shall be square
metres.
M2. 3 Rates
The tendered unit rate for square metres of heavy dressing shall be payment in full for carrying
out the operations as specified including full compensation for labour, tools, equipment,
materials, observation quality control and all incidentals to complete the works. There will be
no additional payment for soil materials needed to build up badly damaged or depressed areas.

ITEM-2: GRAVEL/SOIL-AGGREGREGATE SURFACE COURSE (TABLE

400.3)Materials to be used for the maintenance gravel layer shall only be placed after
completion of the heavy dressing item. Storage and stacking of gravel materials shall not be
placed in areas will prevent the heavy dressing item to be carried out.
The Detail Specification of works including the Scope of Work, Definitions, Materials,
Construction Operations etc. shall conform to Section 402: Gravel/ Soil-Aggregate Sub-
Base, Base and Surface Course of MORD Specifications for Rural Roads appended
herewith.
The Materials to be used shall conform to Table 400.3 of Section 402.

.
Û?œˆ¬≈Mê√ Ú•§1 - 768 9̊7 Registered No.-768/97

’¸˜ 1±Ê√¬ÛS
THE ASSAM GAZETTE
’¸±Ò±1Ì
EXTRAORDINARY
õ∂±5 fl¡M‘√«Q1 ¡Z±1± õ∂fl¡±ø˙Ó¬
PUBLISHED BY THE AUTHORITY

Ú—362 ø √˙¬Û≈¬1, ˜e˘¬ı±1, 17 Ê≈√˘±˝◊√, 2018, 26 ’±˝√±1, 1940

(˙fl¡)
No. 362 Dispur, Tuesday, 17th July, 2018, 26th Asadha, 1940 (S. E.)

GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
PUBLIC WORKS ROADS DEPARTMENT (PWRD) :: PLANNING CELL
NOTIFICATION
The 12th July, 2018

RAJESH KEMPRAI,
Commissioner & Special Secretary
to the Govt. of Assam, PWRD.
 THE ASSAM GAZETTE, EXTRAORDINARY, OCTORER 11, 2021

Guwahati : Printed and Published by the Dy. Directors (P & S), Directorate of Printing & Stationery, Assam,
Guwahati-21. Extraordinary Gazette No. 723 - 10 + 10 - 17 - 07- 2018. (visit at– dpns.assam.gov.in)
Û?œˆ¬≈Mê√ Ú•§1 -768 9̊7 Registered No.-768/97

’¸˜ 1±Ê√¬ÛS
THE ASSAM GAZETTE
’¸±Ò±1Ì
EXTRAORDINARY
õ∂±5 fl¡M‘√«Q1 ¡Z±1± õ∂fl¡±ø˙Ó¬
PUBLISHED BY THE AUTHORITY

Ú—475 ø √˙¬Û≈¬1, ¬Œ¸±˜¬ı±1, 11 ’À"√±¬ı1¬, 2021, 19 ’±ø˝√Ú√,1943 (˙fl¡)

No. 475 Dispur, Monday, 11th October, 2021, 19th Asvina, 1943 (S. E.)

GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
MINES & MINERALS DEPARTMENT
NOTIFICATION
The 7th October, 2021
2830
THE ASSAM GAZETTE, EXTRAORDINARY, OCTORER 11, 2021
THE ASSAM GAZETTE, EXTRAORDINARY, OCTORER 11, 2021
2831
 THE ASSAM GAZETTE, EXTRAORDINARY, OCTORER 11, 2021

2832
 THE ASSAM GAZETTE, EXTRAORDINARY, OCTORER 11, 2021

KRISHNA KUMAR DWIVEDI,

Principal Secretary to the Government of Assam,
Mines and Minerals Department.

Guwahati : Printed and Published by the Director, Directorate of Printing & Stationery, Assam, Guwahati-21.
Extraordinary Gazette No. 949 - 50 + 10 - 11 - 10- 2021. (visit at– dpns.assam.gov.in)
 SECTION – 6

FORM OF BID
To be submitted separately (Only On-line) along with BOQ
As Financial Bid in VOLUME-II

73
 FORM OF BID

Description of the Work: -As detailed in

NIT PkgNo:-As detailed in NIT

To
The Executive Engineer, Bokakhat & Dergaon T.R. Division
Bokakhat

1. We offer to Execute the Works describe above and remedy any defects therein in conformity
with the conditions of Contract, specifications, drawings, Bill of Quantities and Addenda for
the sum(s) of Rs.........................................……………………………………
(Rupees…………………………………………………………………..…..) only.

2. We undertake, if our Bid is accepted, to commence the Works as soon as in reasonably

possible after the receipt of the Engineer’s notice to commence and to complete the whole of
the Works comprised in the Contract within the time stated in the document.

3. We agree to abide by this Bid for the period of ……………. days from the date fixed for
receiving the same, and it shall remain binding upon us and may be accepted at any time
before the expiration of that period.

4. Unless and until a formal Agreement is prepared and executed this Bid, together with your
written acceptance thereof, shall constitute a binding contract between us.

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

6. We accept the appointment of______________________________________________

_____________________________________________________________________
_________________________________________ as the Dispute Review Expert.

(OR)

We do not accept the appointment of__________________________________________

____________________________________Review Expert and propose instead that
Shri_______________________________________ appointed as Dispute Review Expert,
whose BIO-DATA is attached.

Dated this _____________________ day of ______________ ______ /2018_.

Signature __________________________in the capacity of ____________________ duly

authorized to sign bids for and on behalf of _________________ _____________
_________________ (in block capitals or typed)

Address: _______________________________________________

Witness: _______________________________________________

Address: _______________________________________________

E - mail: __________________________ Occupation:

____________________

74
 SECTION – 7

BILL OF QUANTITIES

To be submitted separately (Only On-line) along with Form of Bid

As Financial Bid in VOLUME-II

75
 PREAMBLE
1. The Bill of Quantities shall be read in conjunction with the Instructions to Bidders.
Conditions of Contract, Technical Specifications and drawings.

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

3. The rates and prices tendered in the prices Bill of Quantities shall, except in so far as it
is otherwise provided under the Contractor, include all Impale plant, labour, supervision,
materials, erection of display board, sign/caution board, maintenance during Imp,
insurance, profit, taxes and duties, together with all general risks, liabilities and
obligations set out or implied in the Contract.

4. The rates and prices shall be quoted entirely in Indian Currency.

5. A rate or price shall be entered against each item in the Bill of Quantities, whether
quantities are stated or not. The cost of items against which the Contractor has failed to
enter a rate or price shall be deemed to cover by other rates and prices entered in the
Bill of Quantities. The rate should be quoted considering all the taxes.
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 item are provided the cost
shall be deemed to be distributed among the rates and prices entered for the related
item of work.

7. General directions and descriptions of work and materials are not necessarily repeated
or summarized on the Bill of Quantities; References to the relevant sections of the
contract documentation shall be made entering rates or prices against each item in the
Bill of Quantities.
8. The method of measurement of completed work for payment shall be in accordance with
the specification for Road and Bridge works published by the Ministry of Surface
Transport.
9. Error will be corrected by the Employer for any arithmetic errors pursuant to Clause 29
of the Instructions of the Bidders.

10. Income tax, LabourCess, GST, Forest Royalty including other charges levied by the
Forest Department on forest products including any other taxes as applicable is to be
paid by the contractor. The department shall deduct the same from the each bill of the
Contractor, if the contractor fails to produce the valid certificates from the concerned
departments, as per Prevailing rate.

11. Security Deposit (SD)/Retention money @ 10% of Tender Value less the amount of
Performance security already deposited will be deducted from each bill of the contractor.

12. Contractors should furnish coloured photographs at least 2 no per km or less showing
works before/during /after execution at their own cost along with each bill submitted by
them.

13. Acceptance of lower/upper limit of tender rate shall be governed by the existing State
Government circular in force and Government decision shall be final and binding in this
regard i.e. Govt. Notication No. RBPC.85/2017/25 Dated,12.07.2018, Dispur, Guwahati-
6.
76
 14. The quantities shown in the BOQ are based on estimate submitted to concerned
authority. If the quantities in the sanctioned estimate vary from those furnished in the
BOQ, the bidders shall not be entitled to withdraw their bids and they shall comply with
any instructions issue by the Deptt. to complete the bid evaluation to its logical
conclusion.

15. Rock is defined as all materials which in the opinion of the Engineer, require 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 km
with a single rear mounted heavy duty ripper.

16. Only readable uploaded document may be accepted

BILL OF QUANTITIES

SI. Description of Item (with Quantity Unit Rate Amount

No brief specification and
reference to book of
specification)

In Figures In Words

Attach Separately

Note 1.
1. Item for which no rate or price has been entered in will not be paid for by the Employer
when executed and shall be defined covered by the other rates and prices in the bill of
quantities (Refer : ITB Clause 13.2 and GCC Clause 43.3).
2. Unit rates and prices shall be quoted by the bidder in Indian rupee [ITB Clause 14.1].

77
 UNDERTAKING

I, the undersigned do hereby undertake that, I have gone through the

Contents of Tender Agreement and have understood the meaning thereof and
have no objection against any clause of the Tender Agreement.

__________________________________
(Signed by an Authorised officer of the Firm)

Seal &Signature Executive Engineer, PWRD

Of Contractor/Firm Bokakhat & Dergaon T.R. Division

78
 SECTION-8

SPECIAL CONDITION OF CONTRACT

79
 SPECIAL CONDITIONS OF CONTRACT (SCC)

The general conditions of contract set forth in F.2 from (under the nomenclature “conditions of
contract” shall be modified to the extent provided here under as SCC. Wherever the SCC is at
variance with GCC, SCC will govern.

SCC 1 (Against GCC-2) the total Security Deposit (SD) will be 10% of contract price with 2%
deposited within 10 days of the issue of letter of acceptance as per ITB in the form of,
Bank draft , Bankers cheque and balance 8% deducted from interim bills. The Bid
security furnished with Bid will be discharged after furnishing the 2% SD. The SD will be
held by Govt. free of any interest.

SCC 2 (Against GCC 8.9)

Payment of contractor’s bills for works done shall be subject to availability of fund and delayed
payments will not bear any interest.

SCC 3 (Against GCC 10, 19)

Contractor will supply all materials and equipment required for the performance of the contract.
All materials supplied by the contractor shall conform to quality specified in relevant
IRC/MOST/ISI standard, which shall be confirmed by Quality control Tests as per direction of
the Engineer in charge.

SCC 4 (Against GCC 11)

(a) To ensure that the works are carried out in compliance with the technical specifications laid
down under the contract, the contractor shall carry out necessary all Quality Control (QC) tests
required as per relevant IRC specification under the direction and supervision of Engineer
in charge or staff deputed by him.
(b) In addition to the internal Quality Control (QC) tests as mentioned above, there shall be
provision also for conducting Quality Control tests by a separate Quality Control Team deputed
by CE, PWD(ROADS), Assam for which the contractor shall provide all facilities as and when
notified by the Engineer in charge. In the event of any item of working failing to meet the
stipulated quality criteria as per the test carried out by the QC team, 25% of the amount due to
the contractor in all his subsequent bills shall be deducted and shall not be released till such
time as he rectifies the said defect.
(c) The contractor shall arrange all equipment for the Quality Control equipments required as per
relevant IRC publication and carry out installation of the same as required for performance of
Quality Control tests and as per direction of the engineer in charge.

SCC 5 (Against GCC 18)

The defect liability period shall be 1 (one) year for the date of certification of completion of
works. Any defect during the liability period shall be made good by the contractor at his own
cost.

SCC 6
(a) The contract must not be sublet.
(b) No labour under 14 years of age shall be employed in the work. All labourers employed shall
be paid at rates not less than those generally paid for similar work in the neighbourhood. The
contractor must employ in the execution of contract only Indian citizen as workers.
(c) If the work is not started within 15(fifteen) days from the date of written formal work order
for commencement of work, the security deposit will stand forfeited to the Govt. and such
failure to commence work in time will make him liable to other action as per clauses of the F2
form contract.
(d) The work shall be carried out with diligence and promptness according to the specification in
all cases, to the requirements program, quality of work and materials etc.
80
 (e) The department’s liability is to the contractor only and nobody elapse. At such it will be at the
discretion of the Chief Engineer to accept or refuse a power of attorney executed in favour of
any other person.
(f) “The 50% of retained security deposit (i.e. 2.5%) will be released after successful completion
of the work duly certified by the Engineer. The balanced retained Security Deposit (2.5%) will
be released @1% at the elapse of one year after completion of the project, @1% at the elapse
of two year after completion of the project and remaining 0.5% at the elapse of three year after
completion of the project. The 5% Performance Security or Additional performance Security
submitted by the contractor will be released after 28 days from end of Defect Liabilty Period”.
(g) The contractor should thoroughly acquaint himself with all the clauses of the F2 contract form
and agree to the conditions laid down therein and in this Tender paper.
(h) The rates shall be provided for the finished items of work including cost of materials labour
and transportation which shall also include the cost of various sundries and contingencies and
no extra amount will be admissible to the contractor for these –
(i) The contractor shall include the cost of labour , camps or huts when necessary in suitable place
including conservancy and sanitary arrangements therein to the satisfaction og local Public
Health authority.
(ii)Suitable water supply arrangements for staff and labour shall have to be made by the contractor
at their own cost and no extra payment will be made by the department for this purpose.

(iii) Suitable fencing barriers and signal sign and caution board etc. also will have to be provided
where necessary at work and at approaches to protect public and employees from accident.
(iv) Compensation including cost of suit for injury to person or property due to neglect of any
measure of precaution and also sum which may become payable due to operation of
workman’s compensation Act.
(v) Royalty, Octroy duty, sales tax on turn over on all items if levied by the Govt. cost of
construction of temporary buildings required by the contractor for collection of materials,
storage house for the contractors and staff or other purpose of the work. No rent shall however
he payable to the Govt. for temporary occupation of available land owned by the Govt. at site
of work which should be vacated by the contractor after completion of work.

(vi) Fee dues payable to municipality of water supply authority.

(vii) Suitable apparatus for labour engaged in risky operation.

(viii) Clearance of site before commencement of work.

(i) Every contractor is expected before quoting his rate to inspect the site of the proposed work.
He should also inspect the quarries and satisfy himself about the quality and availability of
various materials of required specification. The Govt. will not pay any extra charges or
compensation for supply of substandard materials which will be rejected and have to be
removed and replaced by the contractors at their own cost.

(j) In the event of any claim by Forest department that the contract has extracted materials in
excess of the quantity stated in the permit. Royalty as will be charged by the Forest department
on account of the excess materials will be recovered by the department from any sum due to
the contractor by the State Govt. under the contract or otherwise from his security deposit or
the proceed of sales thereof or sufficient part thereof. The sum so recovered shall be placed in
deposit for credit to the Forest department after settlement of their claim.
(k) In case of quarries when Forest department’s quarry roads are used necessary road toll levied
by the forest department should be paid by the contractor. If the contractor cannot produce any
such toll clearance certificate the sum so due will be deducted from contractor’s bill and will
be credited to Forest Revenue.

81
 (l) Compensation for obtaining soil from private land if any will be paid by the contractor. The
rate for imported soil should be quoted inclusive of royalty.
(m) Detailed working drawing as necessary for execution of work will by supplied by the
department free of cost to the selected contractor. No claim whatsoever will be entertained in
case there is any delay in supply of approved drawing to the contractor.
(n) Contractor should mention their registration number correctly in the tender along with local or
permanent address for quick disposal of tenders.
(o) No claim of contractor would be entertained if any boulders, trunk of trees etc. are met with
while cutting earth.
(p) Payment will be made as per clause of F2 contract’s form. Interim payment will be made on
the basis of actual measurement of work carried out by the contractor on the basis of their
accepted rates.
(q) The contractor must maintain adequate technical staff well conversant with similar work, so
as the facilities quick and satisfactory progress of work.
(r) Income tax at 2% will be deducted from the contractor’s bill, besides other recoverable.

SCC 7. PAYMENT AGAINST MATERIALS BROUGHT TO SITE

DELETED

SCC 8. ENGAGEMENT OF LOCAL TECHNICAL PERSON:

The contractor will have to engage qualified local Engineers and sub-engineers etc. as
required in case of class-1 (group A, B & C) registered staff, P.W.D. Contractor.

SCC 9. UNWANTED EMPLOYEE:

The Engineer in charge may be require the Contractor to dismiss or remove from the site
of work any person employed by the contractor for the work who may be incompetent or
misconduct himself and the Contractor shall forthwith comply with such requirement.

SCC 10:Contractor shall submit the schedule of execution in the form of bar chart/C.P.M, which shall be
approved by the competent Engineer Officer of the implementing agency before
commencement of work. Such bar chart/C.P.M. shall at various work stages.

SCC 12:TIME DELAY AND EXTENSION

(A)Time is the essence of the contract and specified in the contract documents or in each
individual work orders.
As soon as possible contract is let or any substantial work orders placed and before work
under it is begun, the Executive Engineer and the contractor shall agree upon a Time and
Progress chart. The Chart shall be prepared in direct relation to the time stated in the
contractiveness or the Work order for completion of the individual items
thereof and / or the contract of the order as a whole. It shall indicate the forecast of the
dates for commencement and completion of the various trade processes or sections of the
work and shall be amended as may be required by agreement between the Executive
Engineer and the contractor within the limitation of time imposed in the contract
documents or work order. If the work be delayed :-
i) By force measure, or ii)By reason of and abnormally
that weather, or
82
 iii) By reason of serious loss or damage by fire, or
iv) By reason of commotion, local combination of workmen, strike or
lockout, or
v) By reason of delay on part of nominated sub contractors, or nominated
suppliers which the contractor has, in the opinion of Executive
Engineer, taken all practicable steps to avoid, or reduce, or vi)By reason
of delay on the part of contractors or tradesmen engaged by
Govt. in executing works not forming part contract, or vii)By reason of
any other cause, which in the absolute discretion of the accepting officers beyond
the contractors control.

Then in such case the officer herein after mentioned may make fair and reasonable extension in the
completion dates of individual items or groups of items of works for which separate periods of completion
are mentioned in the contract documents or works order, as applicable.
Upon the happening of any such event causing delay, the contractor shall immediately, but not later than
30 days of the happening of the event, give notice thereof in writing to the Executive Engineer, but shall
never the less use constantly his best endeavor to prevent or make good delay and shall do all that may
reasonably be required to the satisfaction of the Executive Engineer to proceed with the works. Extension
of time shall be granted as under: -

(a) By Executive Engineer for all terms contracts;

(b) By accepting officer of the contract of all other contracts.
In case of the contractor fails to notify the Executive Engineer of happening of an event
(s) causing delay within the period of 30 days stipulated in sub-para 3 above, he shall
forfeit his right to claim extension of time for the delay caused due to such event(s).

Extension of time, as granted above, shall be communicated to the contractor by the

Engineer in writing and shall be final and binding. PROVIDED THAT in the case of
contracts (other then term contracts) accepted by the Executive Engineer, the matter shall
be referred to the Chief Engineer, whose decision shall be final and binding.

(B) If the works be delayed: -

(a) By reason of non availability of Govt. stores shown in schedule “B”; or
(b) By reason of non availability or breakdown of Govt. Tools Plants listed
in schedule “C”;
Then, in any such event, not with standing the provisions herein before contained, the Accepting Officer
may in his discretion grant such extension of time as may appear reasonable to him and the same shall be
communicated to the Contractor by the Executive Engineer in writing. The decision so communicated
shall be final and binding and the Contractor shall be bound to complete the work within extended time.
(C) No claim in respect of compensation or other wise, however arising, as a result or
extensions granted under conditions (A) and (B) above shall be admitted.

PRECAUTIONS AGAINST RISKS:

The contractor shall be responsible at his own expense for precautions to prevent loss or damage from
any and all risks other than for Accepted Risks and to minimize the amount of any loss or damage and for
the provision of all protective works, casings, etc., required for the purpose, until the works have been
handed over complete to the Engineer in charge.

COMPENSATION FOR DELAY:

83
If the contractor fails to complete the works and clear the site on or before the date(s) fixed for completion,
he shall, without prejudice to any other right or remedy of Government on account of such breach be
liable to pay compensation as under :-
(a) in case of Term Contracts, on percent of the estimated value of the
requisition of the Works order for every week that the whole of the work
remains uncompleted;
(b) in the case of other Contracts, one percent of the Contract Value of the
item or group of items of work (excluding the Contract Value of such
individual items as are completed and taken over by the Executive
Engineer on or before the date(s) fixed for completion, in terms of
Condition 49 hereof) for which a separate period of completion is given
in the item or group of items Work concerned remains uncompleted,
even though the Contract as a whole be completed by the later date
specified in the Contract for any item or group of items of Works. For
the purpose of this condition the “Contract Value” shall be the value at
contract rates of
the work as actually ordered including all deviation orders on the contractor.
When the delay is not a full week or in multiples of a week but involves a fraction of a week
the compensation payable for that fraction shall be proportional to the number of days involved.
Provided always that the total amount of compensation to be paid under this Condition shall
not exceed as mentioned below:-
(a)In the case of Term contracts, ten percent of the estimated value of the
Requisition or Work Order as a whole; (b)In the case of order Contracts:-
(i) Where the contract sum does not exceed Rs. 10 Lakhs-ten percent of
the contract Value of the item or group of items of Work for which a
separate period of completion is given.
(ii) Where the contract sum exceeds Rs.10lakhs but does not exceed
Rs.20lakhsTen percent of the contract Value of the item or group of
items of Work for which a separate period of completion is given or
Rupees one and a half lakhs whichever is less.
(iii) Where the contract sum exceeds Rs.20lakhs-Seven and half percent of
the contract value of the item or group of items of work for which a
separate period of completion is given subject to a maximum or
Rupees seven and a half lakhs.

Procedure for dispute Resolution

Dispute resolution shall be carried out through the process of arbitration on accordance with the
procedure bid down in the “Arbitration and Consideration Act. 1996”, with the stipulation that the dispute
is to be referred to arbitrator within 30 days of the parties’ employer & the contractor failing to arrive at
an agreement as per procedure laid down in printed F2 form.

The procedure shall further include the following:-

(a) The arbitral Tribunal shall consist of three arbitrators one each to be appointed by the Employer
and the Contractor. The third Arbitrator shall be chosen by the two Arbitrators so appointed by
the parties and shall act as presiding arbiters. In case of failure of the two arbitrators appointed
by the parties to reach upon a co0nsensus within a period of 30 days from the appointment of the
arbitrator appointed subsequently, the presiding arbitrator shall be appointed by the President of
the Institution of Engineers (India)
(b) If one of the parties fails to appoint it s arbitrator in pursuance of sub-clause (a) above within 30
days after receipt of the notice of the appointment of its arbitrator by the other party, then the
84
 President of the Institution of Engineers (India) making such an appointment shall be furnished
to each of the parties.
(c) Arbitration proceedings shall be held at Guwahati, India, and the languages of the arbitration
proceedings and that of all documents and communications between the parties shall be English.
(d) The decision of the majority of arbitrators shall be final and binding upon both parties. The cost
and expenses of Arbitration proceedings will be paid as determined by the arbitral tribunal.
However the expenses incurred by each party in connection with the preparation, presentation,
etc. of its proceedings as also the fees and expenses paid to the arbitrator appointed by such party
or on its behalf shall be borne by each party itself.
(e) Where the value of the contract is Rs. 50.00 million and below, the disputes or differences arising
shall be referred to the Sole arbitrator. The Sole Arbitrator should be appointed by agreement
between the parties; failing such agreement, by the appointing, namely President of the institution
of Engineers.
(f) Performance under the contract shall continue during the arbitration proceedings and payments
due to the contractor by the owners shall not be withheld, unless they are the subject matter of the
arbitration proceedings.

Death or Permanent invalidity of Contractor :

If the contractor is an individual or proprietary concerned, dies during the currency of the
contract or becomes permanently incapacitated and where the surviving partners are only
minors, the contract shall be closed without levying any damages/ compensation as provided for
in clause 53 of contract agreement.

Maintenance period

Contractor has to maintain Road/ Bridge for the period of 1 (one) year from the date of completion
at his own cost.

Tree Plantation :
Planting of Trees by the road side and their Maintenance for three Year is mandatory.

85
 SECTION-9

SECURITIES AND OTHERS FORM

(To be filled by Bidder/ Employer)

86
 FORM OF BID

Description of the Work: - _________________________________

_________________________________

To
The Executive Engineer,
Bokakhat & Dergaon T.R. Division, Bokakhat

1. We offer to Execute the Works describe above and remedy any defects therein in conformity
with the conditions of Contract, specifications, drawings, Bill of Quantities and
Addenda for the sum(s) of Rs.........................................……………………………………
(Rupees…………………………………………………………………..…..) only.

2. We undertake, if our Bid is accepted, to commence the Works as soon as in reasonably

possible after the receipt of the Engineer’s notice to commence and to complete the whole of
the Works comprised in the Contract within the time stated in the document.

3. We agree to abide by this Bid for the period of ……………. days from the date fixed for
receiving the same, and it shall remain binding upon us and may be accepted at any time
before the expiration of that period.

4. Unless and until a formal Agreement is prepared and executed this Bid, together with your
written acceptance thereof, shall constitute a binding contract between us.

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

6. We accept the appointment of______________________________________________

_____________________________________________________________________
_________________________________________ as the Dispute Review Expert.

(OR)

We do not accept the appointment of__________________________________________

____________________________________Review Expert and propose instead that
Shri_______________________________________ appointed as Dispute Review Expert,
whose BIO-DATA is attached.

Dated this _____________________ day of ______________ ______ /2018_.

Signature __________________________in the capacity of ____________________ duly

authorized to sign bids for and on behalf of _________________ _____________
_________________ (in block capitals or typed)

Address: _______________________________________________

Witness: _______________________________________________

Address: _______________________________________________

E - mail: __________________________ Occupation:

____________________

87
 BID SECURITY (BANK GUARANTEE)

WHEREAS, _____________________________[name of Bidder] (hereinafter called “the Bidder”)

has submitted his bid dated ______________________________________[date] for construction
of _______________________________________[name of Contract hereinafter called “the Bid”].

KNOW ALL PEOPLE by these presents that We ______________________________________

[name of Bank] of ________________________________________ [name of country] having our
registered office at ______________________________________________[hereinafter called “the
Bank”) are bound up to __________________________________ [Name of Engineer] (hereinafter
Called “the Engineer”) in the sum of _________________________________* for which payment
Well and truly to be said Engineer the Bank itself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this ____________ day of _________ 20 ____
THE CONDITIONS of this obligation 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 having been notified to the acceptance of his bid by the Employer/
Engineer 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 refuses to furnish the Performance Security, in accordance with the
Instructions to Bidders; or
(c) Does not accept the correction of the Bid price pursuit to Clause 27.
We undertake to pay to the Engineer up to the above amount upon receipt of his first
written demand, without the Employer/Engineer having to substantiate his demand, provided
that in his demand the Employer/ Engineer will note that the amount claimed by him is due to
him owing to the occurrence of one or any of the three conditions, specifying the occurred
condition or conditions.
This Guarantee will remain in force up to and including the date
____________________** days after the deadline for submission of Bids as such deadline is
started in the Instructions to Bidder or as it may be extended by the Employer/ Engineer, notice
of which extension (s) to the bank is hereby waived. Any demand in respect of this guarantee
should reach the Bank not later than above date.

DATE _________________ SIGNATURE ________________________________

WITNESS ___________________________ SEAL ________________________________

_____________________________________________________________________________
[Signature, name and address]
*The Bidder should insert the amount of the guarantee in words and figures denominated in
Indian Rupees. This figure should be the same as shown in Clause 16.1 of the Instructions to
Bidders.
**45 days after the end of the validity period of the Bid.

88
 PERFORMANCE BANK GUARANTEE

To

………………………………. [Name of Engineer]

………………………………… [Address of Engineer]

WHEREAS ___________________[name and address of Contractor] (hereinafter called “the

Contractor”) has undertaken, in pursuance of Contract No. ____________ dated
_____________ to execute
______________________________________________________________________________
____________________________ [name of Contract and brief description of works] (hereinafter
called “the Contractor”).

AND WHEREAS it has been stipulated by you in the said Contract that the Contractor
shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein as
security for compliance with his obligation in accordance with the Contract;

AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you on
behalf of the Contractor, up to a total of ______________________________________ [amount of
guarantee]* _____________________________ (in words), such sum being payable in the types
and proportions of currencies in which the Contract price is payable, and we undertake to pay
you, upon your first written demand and without cavil or argument, any sum or sums within
the limits of _________________________ amount of guarantee] as aforesaid without your
needing to prove or to show grounds pr reasons for your demand for the sum specified therein.

We hereby waive the necessary of your demanding the said debt from the contractor before
presenting us with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract
or of the works to be performed there under or of any of the Contract documents which may be
made between your and the Contractor shall in any way release us from any liability under this
guarantee, and we hereby waive notice of any such change, addition or modification.

This guarantee shall be valid until 28 days from the date of expiry of the Defect Liability Period.

Signature and Seal of the guarantor _________________

Name of Bank _________________________________
Address ______________________________________
Date _________________
_____________________________________________________________________________ *An
amount shall be inserted by the Guarantor, representing the percentage of Contract Price
specified in the Contract including additional security for unbalanced Bids, if any and
denominated in Indian Rupees.

BANK GUARANTEE FOR ADVANCE PAYMENT

89
To
_________________________________ [Name of Engineer]
_________________________________ [Address of Engineer]
_________________________________ [Name of 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 the Contractor] (hereinafter
called “the Contractor”) shall deposit with _____________________________________[name of
Engineer] a bank guarantee to guarantee his proper and faithful performance under the said
Clause of the Contract in an amount of _____________________________[ amount of guarantee]*
________________________________ [in words].

We, the ______________________________[bank of financial institution], as instructed by the

Contractor, agree unconditionally and irrevocably to guarantee as primary obligator and not
surety merely, the payment to
_____________________________________________[name of Employer] on his first demand
without whatsoever right of obligation on our part and without his first claim to the Contractor,
in the amount not exceeding ________________________[amount of guarantee]*
_________________________________[in words].

We further agree that no change or addition to or other modification of the terms of the
Contractor of works to be performed there under or of any of the Contract documents which
may be made between _______________________________________ [name of Employer] and the
Contractor, shall in any way release us from any liability under this guarantee, and we hereby
waive notice of any such change, addition or modification.

This guarantee shall remain valid and full effect from the date of the advance payment under
the Contract until __________________________________________________ [name of Employer]
receives full repayment of the same amount from the Contractor.

Yours truly,

Signature and Seal ______________________________

Name of Bank /Financial Institution________________
Address ______________________________________
Date _________________
_____________________________________________________________________________ *An
amount shall be inserted by the Bank or Financial Institution, representing the amount of the
Advance Payment, and denominated in Indian Rupees.

SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CREDIT

FACILITIES

90
 BANK CERTIFICATE

This is to certify that M/s.___________________________________________________ is a

reputed Company with a good financial standing.

It 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
contract during the contract period.

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

91
 AFFIDAVIT

1. I, the undersigned, do hereby certify that all the statements/information furnished in

the bid document for the work of _____________________________ (name of work) are
true and correct to the best of my knowledge.

2. The undersigned/the undersigned on behalf of the Firm/Company also hereby certify

that neither I/our Firm/Company have abandoned any work in India nor any contract
awarded to us for such works have been rescinded, during last five years prior to the
date of this bid.

3. The undersigned hereby authorize(s) and requests) any Bank, Person, Firm or
Corporation to furnish pertinent information deemed necessary and requested by the
department to verify the statements/information or regarding my (our) competence and
general reputation.

4. The undersigned understand 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.

______________________________________________
(Signature of the Bidder with proper title and full address)

________________
Date

92
 UNDERTAKING

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 Authorised Officer of the Firm)

______________________
Title of Officer

______________________
Name of Firm

______________________
Date

93
 UNDERTAKING

I, the under signed do hereby undertake that our firm M/s

_________________________ agree to abide by this bid for a period of 180 (One hundred eighty)
daysafter the deadline date fixed for receiving the same and it shall be binding on us and may
accepted at any time before the expiration of that period

______________________________________
(Signed by an Authorised Officer of the Firm)

_____________________
Title of Officer

_____________________
Name of Firm

____________
Date

94
ACCEPTANCE/NON ACCEPTANCE OF DISPUTE REVIEW EXPERT PROPOSED
IN CLAUSE 36.1

I/We accept appointment of Sri………………………………………as the Dispute

Review Expert.

(OR)

I/We do not accept appointment of Sri………………………………………as the Dispute

Review Expert and propose instead that Sri……………………………………to be
appointed as the Dispute Review Expert.

Date:- Signature of the bidder

Name in full (in block capital letters)
Address-

Place:-

95
 AUTHORITY

Employer (therein after called the Executive Engineer, PWD, Roads,

…………………TRD,……………… is hereby authorized to seek reference from my
Banker, as and when required.

Date:- Signature of the bidder

Name in full (in block capital letters)
Address-
Place:-

Name & address of the Banker with

contact Telephone No./FAX No.

96
 LETTER OF ACCEPTANCE

(Letterhead paper of the Employer)

__________________ (Date)

To
______________________________ (Name and address of the Contractor)
______________________________
______________________________

Dear Sirs,

This is to notify that your Bid dated ____________________________ for execution of the
__________________________________ (name of the contract and identification number as given
in the Instructions to Bidders) for the Contract Price of Rupees ______________________
(______________________________) (amount in words and figures), as corrected and modified
in accordance with the Instructions to Bidders is hereby accepted by our agency.

We accept/do not accept that ________________________________ be appointed as the

Adjudicator**. You are hereby requested to furnish Performance Security, in the form detailed
in Para 34.1 of ITB for an amount equivalent to Rs. ____________________ within 2 weeks of
issue of this letter of acceptance valid up to 28 days from the date of expiry of defects Liability
Period i.e. up to __________________________ and sign the contract, failing which action as
stated in Para 34.3 of ITB will be taken.

Yours faithfully,

Executive Engineer, PWRD,

Bokakhat & Dergaon TRD, Bokakhat

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

**To be used only if the Contractor disagrees in his Bid with the Adjudicator proposed by the
Employer in the “Instructions to Bidders”.

97
 ISSUE OF NOTICE TO PROCEED WITH THE WORK(letter head of the Employer)

__________________________(date)

To

Sri __________________________ (Name and address of the Contractor)

___________________

Dear Sirs,

Pursuant to your furnishing the requisite security as stipulated in ITB Clause 34.1 and signing
of the Contract for the construction of __________________________________
__________________________________________________________) at a Bid Price of Rs
_________________ (___________________________________________________________) only.

You are hereby instructed to proceed with the execution of the said works in accordance with
the contract documents.

Yours faithfully,

Executive Engineer, PWRD,

Bokakhat & Dergaon TRD, Bokakhat

98
 AGREEMENT
This agreement made the ………. th day of December’2024 between ………………….
[hereinafter called “The Employer”] and ………………………… (hereinafter called “the
Contractor” of the other part].Whereas the Employer is desirous that the Contractor execute the
work of “………………………………………………………” [hereinafter called “the works”] and
the employer has accepted the Bid of the Contractor for the execution and completion of such
works and the remedying of any defects therein, at a cost of Rs. ………………….
(…………………………………………………) only.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expressions shall have the same meanings as are
respectively assigned to them in the conditions of Contract hereinafter referred to and
they shall be deemed to form and be read and constructed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to execute
and complete the works and remedy and defects therein in conformity in all aspects with
the provisions of the contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution
and completion of the works and the remedying the defects wherein Contract Price or
such other sum as may become payable under the provisions of the Contract at the times
and in the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be ready and construed as part
of this Agreement viz.

(i) Letter of Acceptance,

(ii) Notice to proceed with the works,
(iii) Condition of Contract,
(iv) Contract Data,
(v) Technical Specification
(vi) Bill of Quantities and
(vii) Contractor’s Bid

In witnessed where of the parties there to have caused this Agreement to be executed
the day and year first before written.

The Common Seal of ________________________________________________ was hereunto

affixed in the presence of ________________________________________________
______________________________________________________________________________

Signed, Sealed and Delivered by the said______________________________________

_____________________________ and ____________________________________________
________________________________________________________________________________

In the presence of:

Biding Signature of Employer _____________________________________________________

Bidding Signature of Contractor ___________________________________________________

99