GOVERNMENT OF MADHYA PRDESH

PUBLIC WORKS DEPARTMENT

DIVISION NO. 1 BALAGHAT

APPENDIX 2.10

TENDER DOCUMENT
For Percentage Rate only in works departments and other
Departments similar to work departments
(Effective from 01/01/2014)

OFFICE OF THE Executive Engineer PWD Division No. 1 Balaghat

N.I.T. No. and Date NIT No 2-8 /SAC/Balaghat/2021-22/
Dt. 07/05/2021
Agreement Number and Date
............................................

Name of Work AR / SR / MOW of non-residential buildings under

Balaghat, PWD sub division no. 2. And other deposit
work
Name of Contractor
........................................
Probable Amount of Contract
(Rs. In Figure ) Rs. 5.00 Lakh
Rs. Five Lakh
(Rs. In Words)

Contract Amount
(Rs. In Figure ) Rs ----------------
(Rs. In Words) Rs. .........................
Stipulated Period of 10 Months Including rainy season.
Completion

Page 1 of 116
 TENDER DOCUMENT

Table of Contents

Section No. Particulars Page

Section 1 NIT 3-5

Section 2 Instruction to Bidder (ITB) 6-12

Annexure A to M-1 16-39

Section 3 Table of Clauses 40

Part – I General Condition of Contract 40-58

(GCC)

Contract Data 59-63

Annexure N to W 64-79

Part – II Special Condition of Contract 80

(SCC)

Section 4 Bill of Quantity (BOQ) 81

Section 5 Agreement Form 82

Page 2 of 116
 SECTION – 1
Notice Inviting Tender
GOVERNMENT OF MADHYA PRDESH
PUBLIC WORKS DEPARTMENT
Division No.1. Balaghat
NIT. No. 2-8/SAC/Balaghat/e-tendering/2021-22 Dated 07/05/2021
Online percentage rate bids for the following works are invited
fromregisteredcontractors and Firms of repute fulfilling registrationcriteria:

District (s) Probable

[Link].
Amount of Period of
/Pkg/ Name of Work
Contract Completion
Code
(Rs. in lakh)
AR / SR / MOW of non-residential
141909 buildings under Balaghat, PWD sub Balaghat Rs. 5.00 lacks 31 March
2022
division no. 2. And other deposit work Including
rainy season.

1. Interested bidders can view the detailed NIT on the website[Link]

2. The Bid Document can be purchased only online from 13/05/2021 10:30 AM to 28/05/2021
17:30 PM.
3. Amendments to NIT, if any, would be published on website only, and not innewspaper.

Executive Engineer
PWD (B/R) Division [Link]

Page 3 of 116
 Notice Inviting Tender
GOVERNMENT OF MADHYA PRDESH
PUBLIC WORKS DEPARTMENT
OFFICE OF THE EXECUTIVE ENGINEER, P.W.D. –Division [Link]
I - CALL
[Link] 2-8 /SAC/Balaghat/e-tendering/2021-22 Dated 07/05/2021
Online percentage rate bids for the following works are invited from registered
contractors and Firms of repute fulfilling registration criteria:
District (s) Earnest
S. Probable
Money Cost of Period
No. Amount of Category of
Name of Deposit Bid of
/Pkg/ Work Contract Contractor
(EMD) Document Complet
Code (Rs. in lakh)
(In Rs.) i on
1 2 3 4 5 6 7
AR / SR / MOW of non- 31
141909 residential buildings Balaghat Rs. 5.00 lacks Rs. 10000.00 Rs. Centralised March
2000/- PWD
under Balaghat, PWD 2022
sub division no. 2. And Registration Including
other deposit work rainy
season
1. All details relating to the Bid Document(s) can be viewed and downloaded free of cost on
the website[Link]
2. Bid Document can be purchased after making online payment of portalfees.
3. At the time of submission of the Bid the eligible bidder shall be requiredto:
i) pay the cost of BidDocument;
ii) deposit the EarnestMoney;
iii) Submit a check list and
iv) Submit anaffidavit.
Details can be seen in the Bid Data Sheet. The above details are to be submitted online only

4. ELIGIBILITY FOR BIDDERS:

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

(b) The bidder would be required to have valid registration at the time of signing of the

Page 4 of 116
 Contract.
(c) Failure to sign the contract by the selected bidder, for whatsoever reason, shall result
in forfeiture of the earnest moneydeposit.
5. Pre-qualification – Prequalification conditions, wherever applicable, are given in theBid
DataSheet.
6. Special Eligibility - Special Eligibility Conditions, if any, are given in the Bid Data
Sheet.
7. Pre Bid meeting – A pre bid meeting will be held-------------------inthe-------------------
-------
4. The Bid Document can be purchased only 13/05/2021 10:30 AM to 28/05/2021 17:30 PM.

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

Executive Engineer
PWD (B/R) Division [Link]

Page 5 of 116
 SECTION 2
INSTRUCTIONS TO BIDDERS (ITB)
A. GENERAL
1. SCOPE OFBID
The detailed description of work, hereinafter referred as ‘work’, is given in the Bid Data
Sheet.

2. General Quality ofWork:

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

3. PROCEDURE FOR PARTICIPATION IN E-TENDERING

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

4. ONE BID PERBIDDER

4.1 The bidder can be an individual entity or a joint venture. The requirement of joint venture
is given in the Bid DataSheet.

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

5. Cost ofBidding

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

6. Site Visit and examination ofworks

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

B. BIDDOCUMENTS
7. CONTENT OF BIDDOCUMENTS
The Bid Document comprises of the following documents:
1. NIT with allamendments.

Page 6 of 116
 2. Instructions to Bidders, bid data sheet with allAnnexure

3. Conditions ofContract:
i. Part I General Conditions of Contract and Contract Data with all Annexuresand
ii. Part II Special Conditions of Contract.
4. Specifications
5. Drawings.
6. Priced Bill ofQuantities
7. Technical and FinancialBid
8. Letter ofAcceptance
9. Agreementand
10. Any other Document(s), asspecified.

8. The bidder is expected to examine carefully all instructions, conditions of contract, the
contract data, forms, terms and specifications, bill of quantities, forms and drawings in
the Bid Document. Bidder shall be solely responsible for his failure to doso.
9. Pre-Bid Meeting (whereapplicable)
Wherever the Bid Data Sheet provides for pre-bid meeting:
9.1 Details of venue, date and time would be mentioned in the Bid Data Sheet. Any
change in the schedule of pre-bid meeting would be communicated on the website
only, and intimation to bidders would not be givenseparately.
9.2 Any prospective bidder may raise his queries and/or seek clarifications in writing
before or during the pre-bid meeting. The purpose of such meeting is to clarify
issues and answer questions on any matter that may be raised at that stage. The
Employer may, at his option, give such clarifications as are feltnecessary.
9.3 Minutes of the pre-bid meeting including the gist of the questions raised and the
responses given together with any response prepared after the meeting will be
hosted on thewebsite.
9.4 Pursuant to the pre-bid meeting if the Employer deems it necessary to amend the
Bid Document, it shall be done by issuing amendment to the onlineNIT.
10. Amendment of BidDocuments
10.1 Before the deadline for submission of bids, the Employer may amend or modify the Bid
Documents by publication of the same on thewebsite.
10.2 All amendments shall form part of the BidDocument.
10.3 The Employer may, at its discretion, extend the last date for submission of [Link]
publication of the same on thewebsite.
Page 7 of 116
 C. PREPARATION OFBID
11. The bidders have to submit their bids online as per guidelinesgiven in theportal.
12. DOCUMENTS COMPRISING THEBID
The bid submitted online by the bidder shall be in the following parts:
Part 1 – This shall be known as Envelope A and would apply for all [Link]
A shall contain the following as per details given in the Bid Data Sheet:
i) Registration number or proof of application for registration and organizational
details in format given in the bid datasheet.
ii) Payment of the cost of BidDocument;
iii) EarnestMoneyand
iv) An affidavit dulynotarized.
The above details are to be submitted online only
Part 2 – This shall be known as online Envelope B and is required to be submitted only
in works where pre-qualification conditions and/or special eligibility conditions are
stipulated in the Bid Data Sheet. Online Envelop B shall contain a self-certified sheet
duly supported by documents to demonstrate fulfillment of pre-qualification conditions.
Part 3 – This shall be known asonlineEnvelope C and would apply to all bids. Envelop
C shall contain financial offer in the format prescribed format enclosed with the Bid Data
Sheet.
13. LANGUAGE
The bid as well as all correspondence and documents relating to the bid exchanged by the
Bidder and the Employer shall be in English or Hindi. Supporting documents and printed
literature that are part of the Bid may be in another language provided they are
accompanied by an accurate translation of the relevant passages in [Link] such case,
for the purposes of interpretation of the bid, such translation shallgovern.
14. TECHNICALPROPOSAL
14.1 Only, in case of bids with pre-qualification conditions defined in the Bid Data
Sheet, the Technical Proposal shall comprise of formats and requirements given in
the Bid DataSheet.
14.2 All the document/information enclosed with the technical proposal should be self-
attested and certified by bidder. The bidder shall be liable for forfeiture of his
earnest money deposit, if any document/information are found false/fake/untrue
before acceptance of bid. If it is found after acceptance of the bid. The bid
sanctioningauthoritymayathisdescriptionforfeithisperformance

Page 8 of 116
 security/guarantee security deposit, enlistment deposit and take any other suitable
action.

15. FINANCIALBID
i. The bidder shall have to quote rates in format referred in bid data sheet, in overall
percentage, and not item wise. If the bid is in absolute amount, overall percentage
would be arrived at in relation to the probable amount of contact given in NIT. The
overall percentage rate would apply for all items ofwork.
ii. Percentage shall be quoted in figures as well as in words. If any difference in
figures and words is found, lower of the two shall be taken as valid andcorrect.
iii. The bidder shall have to quote rates inclusive of all duties, taxes, royalties and other
levies; and the Employer shall not be liable for thesame but the rates quoted shall be
exclusive of Goods and Services Tax (GST).
iv. The material along with the units and rates, which shall be issued, if any, by the
department to the contractor, is mentioned in the bid datasheet.
16. PERIOD OF VALIDITY OFBIDS
The bids shall remain valid for a period specified in the Bid Data Sheet after the date of
“close for biding” as prescribed by the Employer. The validity of the bid can be extended
by mutual consent in writing.
17. EARNEST MONEY DEPOSIT(EMD)
17.1 The Bidder shall furnish, as part of the Bid, Earnest Money Deposit (EMD), in the
amount specified in the Bid Data Sheet.

17.2 The EMD shall be in the form ofe-EMD (RTGS/NEFT) as given in the Bid Data Sheet.
However other form(s) of EMD may be allowed by the employer by mentioning it in the
bid datasheet.

17.3 Bid not accompanied by EMD shall be liable for rejection asnon-responsive.

17.4 EMD of bidders whose bids are not accepted will be returned within ten working days of

the decision on thebid.

17.5 EMD of the successful Bidder will be discharged when theBidderhas signed the

Agreement after furnishing the required PerformanceSecurity.

17.6 Failure to sign the contract by the selected bidder, within the specified period, for

whatsoever reason, shall result in forfeiture of the earnest moneydeposit.

Page 9 of 116
 SUBMISSION OF BID

18. The bidder is required to submit online bid duly signed digitally.

D. OPENING AND EVALUATION OFBID

19. PROCEDURE

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

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

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

19.4 After opening Envelop ‘C’ all responsive bids shall be compared to determine the
lowest evaluatedbid.

19.5 The Employer reserves the right to accept or reject any bid, and to annul the biding
process and reject all the bids at any time prior to contract award, withoutincurring
any liability. In all such cases reasons shall berecorded.

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

20. Confidentiality
20.1 Information relating to examination, evaluation, comparison and recommendation
of contract award shall not be disclosed to bidders or any other person not
officially concerned with such process until final decision on thebid.

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

Page 10 of 116
 E. AWARD OFCONTRACT
21. Award of Contract

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

22. PerformanceSecurity

22.1 Prior to signing of the Contract the bidder to whom LOA has been issued shall
have to furnish performance security of the amount, in the form and for the
duration, etc. as specified in the Bid Data Sheet.
22.2 Additional performance security, if applicable, is mentioned in the Bid Data
Sheet and shall be in the form and for the duration, etc. similar to performance
security.
23. Signing of ContractAgreement

23.1 The successful bidder shall have to furnish Performance security and additional
performance security, if any and sign the contract agreement within 15 days of
issue ofLOA.

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

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

23.3 In the vent of failure of the successful bidder to submit Performance Security and
additional performance security, if any or sign the Contract Agreement, his EMD
shall stand forfeited without prejudice to the right of the employer for taking
action against thebidder.

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

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

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

Page 11 of 116
For the purposes of this provision, the terms set forth above are defined as follows:

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

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

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

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

c. “coercive practice” means impairing or harming, or threatening to impair

or harm, directly or indirectly, any party or the property of the party to
influence improperly the actions of aparty;

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

designed to achieve an improper purpose, including influencing
improperly the actions of anotherparty.

[End of ITB]

Page 12 of 116
 Bid Data Sheet
GENERAL
SR.
PARTICULARS DATA
No.
1 Office Inviting Tender Executive engineer P.W.D. Division No 1
Balaghat
2 NIT No. 2-8 /SAC/2021-22/Balaghat
3 Date of NIT 07/05/2021
4 Bid document download
available from date & time 13/05/2021 10:30 AM to 28/05/2021 17:30 PM.

5 Website link [Link]

SECTION 1 - NIT
NIT
CLAU PARTICULARS DATA
SE
2 Portal Fees As notified in E-tendering website
(also known as processing fee)
3 Cost of Bid Document Rs. 2000/-
Cost of Bid Document Payable
at
Cost of Bid Document In favor Executive Engineer P.W.D. DN. No. 1
of Balaghat
4 Affidavit Format As per 'Annexure- B'
5 Pre-qualifications required Yes
required as below:
In case of Roads and Bridge works costing more than
Rs. five Cr.
and
In case of Building works costing more than Rs. One Cr.
If Yes, details As per' Annexure- C'

(Evaluation by Chief Engineer who will

intimate reasons to disqualified bidders)
6 Special Eligibility NO
(if yes, prior permission of E-in-
C required)
If Yes, details As per 'Annexure -D'
7 Key dates As per 'Annexure -A'

Page 13 of 116
 Bid Data Sheet
SECTION 2 - ITB
ITB
CLAUS PARTICULARS DATA
E
1 Name of the ‘Work’ AR / SR / MOW of non-residential buildings
under Balaghat, PWD sub division no. 2. And
other deposit work
2 Specifications & SOR As per 'Annexure – E'
in addition to as below:
(a) In case of Roads and Bridge works:
'SPECIFICATION FOR ROADAND
BRIDGE WORK (fifth Revision) By
MORTH
(b) Stipulation of SORfor Road & Bridgew.e.f.
29-08-2017 and itsamendmentsIssuedupto
date of N.I.T.
(c) Stipulation of SORfor Electrical works
(w.e.f. 01-12-2020and its
amendmentsIssued up to date ofN.I.T.
(d) Stipulation of SOR for Building
work(VOLUME-I & VOLUME-II ) w.e.f.
01.12.2020 and its amendments Issued upto
date of N.I.T
3 Procedure for participation in e- As per 'Annexure – F'
tendering
4 Whether Joint Venture is allowed. NO/YES
allowed as below:
In case of Roads and Bridge works costing more than
Rs. Twenty five Cr.
If yes, requirement for Joint Venture As per 'Annexure – G'
12 Envelope-A containing : Submission Online Only
i. Organizational details asper
'Annexure H'
ii. Cost of BidDocument
iii. EMD
iv. An affidavit duly notarizedas
per 'Annexure-B'

14 Envelope-B Technical Proposal As per 'Annexure - I' and Annexure - I (FormatI-1to I-5)
Note: The technical evaluation will be done only on
the basis of financial & physical experience details
submitted in formats ( I-1) &( I-2) requiring Annual
Turn Over & Bid Capacity. Requirement as regard
to Key technical personnel, key Lab equipments&
construction requirement as per Formats I-3, I-4 &
I-5 respectivaly shall not be part of technical
[Link] the non compliance on these
requirements during the currancy of thecontract
may attract penalties.
15 Envelope-C Financial Bid As per 'Annexure - J '
Materials to be issued by the department As per 'Annexure - K'
16 Period of Validity of Bid 120 Days

Page 14 of 116
 Bid Data Sheet
ITB
CLAUSE PARTICULARS DATA
Earnest Money Deposit Rs 10000.00
Forms of Earnest Money Deposit e-EMD (RTGS/NEFT)
17
EMD valid for a period of 12 months or more
FDR must be drawn in favour of Executive Engineer (B&R) PWD Division -------------------

21 Letter of Acceptance (LOA) As per 'Annexure -L'

(A formal work order on request of contractor
may be issued.)
Amount of Performance Security 5% of Contract Amount for Road and Bridge works;
5% of the Contract Amount for building works.
Additional Performance Equal to an amount arrived at, by multiplying
the contract amount with difference of
Security, if any
percentage between percent rates (below/minus)
of successful bid and 15% percent
(below/minus), considering bid rates less than
Fifteen percent below PAC, to be unworkable
and shall require additional performance
22 security (guarantee). valid up to – Till stipulated
time of completion plus three months
Performance Security in the As per 'Annexure- M-1'
format
Performance Security in favor of Executive Engineer (B&R) PWD Division No. 1 Balaghat

Performance Security valid up As provided in the Contract Data

to (Amended vide Govt. memo No.
1400/1246/2018/19/Yo Bhopal dt.06-04-18)

Page 15 of 116
 Annexure –A
(See Clause 1, 7 of Section 1–NIT)

KEY DATES-As provided in the portal ( [Link] )

Note: Original term deposit receipt of earnest money deposit and affidavit shall be submitted by
the bidder so as to reach the office as prescribed in bid data sheet, at least before the bid
openingdate.
[Link]. Particulars Start Date & End Date & Envelope
Time Time
1. 13/05/2021 28/05/2021
Purchase of Tender 10.30 AM 17.30 PM
(Online only)
2. 13/05/2021
Online Bid Submission 10.30 AM 28/05/2021
17.30 PM

3. Prebid Meeting

4. Physical Submission
(Original EMD AND N/A N/A N/A
OTHER DOCUMENT

5. Opening of Envelope Envelope A/

A/B & C 31/05/2021 & Envelope C
11.30 AM
(Financial Proposal)
(Online only)

Page 16 of 116
Page 17 of 116
 Annexure –C
(See Clouse-5 of Section 1 –NIT)

PRE-QUALIFICATIONS CRITERIA

The bidder should have:

A. Financial
i. experience of having successfullyexecuted:
a) three similar works, each costing not less than the amount equal to 20% of the
probable amount of contract during the last 5 financial years;or
b) two similar works each costing not less than the amount equal to 30% of the
probable amount of contract during the last 5 financial years;or
c) one similar work of aggregate cost not less than the amount equal to 50% of the
probable amount of contract during the last 5 financialyears;
ii. Average annual construction turnover on the construction works not less than 50% of
the probable amount of contract during the last 5 financial years.
iii. Executed similar items of work in any one financial year during the last 5 financial
years, which should not be less than the minimum, physical requirement, if any, fixed
for thework.
iv. Bid Capacity – Bidder shall be allotted work up to his available bid capacity which
shall be worked out as given in format I-2 ofAnnexure-I
B. Physical
Physical qualifications for the work shall be as below

[Link] Particulars Quantity Period

1 Physical qualification required NA

2 Earth Work

3 Concrete work

(The Employer shall specify all physical qualifications required).

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

departments and specific Bid.

Page 18 of 116
 Annexure –D
(See Clouse-6 of Section 1 –NIT)

SPECIAL ELIGIBILITY CRITERIA

The bidder should have experience of:

A. Erection ofSteelGates - ----------

B. Constructionoftunnel - ----------

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

Page 19 of 116
 Annexure –E
(See Clouse-2 of Section2-itb&
Clause 10 ofGCC)

Specifications

1. Specifications for road and bridge works revision (v)MORTH

2. Stipulation of SOR for Road & Bridge w.e.f. 29-08-2017 and its

amendments Issued upto date ofN.I.T.

3. Stipulation of SOR for Electrical works (w.e.f.01-12-2020 and

its amendments Issued up to date ofN.I.T.

4. Stipulation of SOR for Building work (VOLUME-I & VOLUME-II )

w.e.f. 01.12.2020 and its amendments Issued up to date

ofN.I.T

The provisions of general / special conditions of contract, those specified elsewhere in the bid

document, as well as execution drawings and notes, or other specifications issued in writing by

the Employer shall form part of the technical specifications of this work.

Page 20 of 116
 Annexure –F
(See Clouse-3 of Section 2 –ITB)

PROCEDURE FOR PARTISIPATION IN E-TENDERING

1. Registration of Bidders on E-TenderingPortal:

All the Contractors registered under Centralized Registration System (CRS) of PWD or the

Contractors having applied under CRS shall be eligible for tendering in the designated portal

( [Link] ). However the Bidders registered under CRS shall also be

required to register themselves in this portal as per guidelines shown on theportal.

Digital Certificates:

The Bids submitted online should be signed electronically with a Class III Digital Certificate

to establish the identity of the Bidder submitting the Bid online.

2. Preparation and Submission ofBids:

The Bidders have to prepare their Bids and submit the Bids online as per procedure given in

the portal.

3. Purchase of bidDocuments:

For purchasing the bid document, bidders are to pay online as per details given in the portal.

4. Withdrawal Substitution and Modification ofBids:

Bidder can withdraw and modify the bid before the bid submission end date.

Page 21 of 116
 Annexure –G
(See Clouse-4 of Section 2 –ITB)
JOINT VENTURE(J.V.)
If J.V. is allowed following conditions and requirements must be fulfilled:

Bids submitted by a joint venture of two or more firms as partners shall comply with the
following requirements:
a. one of the partners shall be nominated as being Lead Partner, and this authorization
shall be evidenced by submitting a power of attorney signed by legally authorized
signatories of all thepartners;
b. the bid and, in case of a successful bid, the Agreement, shall be signed so as to be
legally binding on allpartners;
c. the partner in charge shall be authorized to incur liabilities and receive instructions
for and on behalf of any and all partners of the joint venture and the entire execution
of the contract, including payment, shall be done exclusively with the partner in
charge;
d. all partners of the joint venture shall be liable jointly and severally for the execution
of the contract in accordance with the contract terms, and a statement to this effect
shallbeincludedintheauthorizationmentionedunder[c]above,aswellasinthebid and in
the Agreement [in case of a successfulbid];
e. The joint venture agreement should indicate precisely the role of all members of JV
in respect of planning, design, construction equipment, key personnel, work
execution, and financing of the project. All members of JV should have active
participation in execution during the currency of the contract. This should not be
varied/modified subsequently without prior approval of theemployer;
f. The joint venture agreement should be registered, so as to be legally valid and
binding on all partners;and
g. a copy of the Joint Venture Agreement entered into by the partners shall be
submitted with thebit!.
.
2. The figures for each of the partners of a joint venture shall be added together to
determine the Bidder's compliance with the minimum qualifying criteria required for
the bid. All the partners collectively must meet the criteria specified in full. Failure
to comply with this requirement will result in rejection of the joint venture'sbid.

3. TheperformancesecurityofaJointVentureshallbeinthenameofthepartner
Lead Partner/joint venture.

4. Attach the power of attorney of the partners authorizing the Bid signatory(ies) on
behalf of the jointventure

5. Attach the agreement among all partners of the joint venture [and which is legally
binding on all partners], which shows the requirements as indicated in the
Instructions toBidders'.

6. Furnish details of participation p1oposedin the joint venture as below:

DETAILS OF PARTICIPATION IN THE JOINTVENTURE

PARTICIPATION DETAILS FIRM”A” (lead Partner) FIRM”B” FIRM”C”

Financial
Planning
Construction Equipment
Key personnel
Execution of Work
(give details on contribution of each)

Page 22 of 116
Clarification:-

1. Annexure-G (Page 24) of the bid document describes the conditions and
requirement to be applied/fulfilled in case of bidding by the joint venture (J.V.).
For the purpose of evaluation of technical bids, it is hereby clarified that in
addition to the conditions contained in Annexure-G of the bid document, the
partners of J.V. should satisfy the qualification criteria asbelow:-
a. The lead partner must have a share of minimum 51% in theJ.V.
b. The other partner(s) must have a share of minimum 26% in theJ.V.
c. The lead partner and the other partner must also meet 51% and 26% of the all
qualification criteria respectively except for the requirement of work
experience described in Annexure-I-1(A) (Page 27). However both the
partners must satisfy the full (100%) qualification criteria jointly. For this
purpose the qualification of individual partners shall be added (for Annual
Average Turn Over and for Bid Capacityonly).
d. Following clarification / amendment is hereby done in requirement contained
in Annexure-I-1(A) forJ.V.
i. Out of 3 similar works of value more than 20% of PAC, at least 2 works
must be done by lead partner and one work to be done by otherpartner,

OR
ii. Out of 2 similar works of value more than 30% of PAC, at least 1 (One)
work must be done by lead partner and 1 (One) work to be done by other
partner,

OR
iii. In case of one similar work of value more than 50% of PAC the lead
partner must satisfy the criteria. However the other partner must satisfy
the criteria in (i) above i.e. at least one work of 20% ofPAC.

Page 23 of 116
 Annexure –H
(See Clouse-12 of Section 2 – ITB& Clouse 4 ofGCC)

ORGANIZATIONALDETAILS
(To be contained inEnvelope-A)

S. No. Particulars Details

1 Registration number issued by Centralized (if applicable scanned copy of proof of
Registration System of Govt. of M.P. or application for registration to the
Proof of application for registration. uploaded)
2 Valid Registration of bidder in appropriate Registration No.
class through Centralized Registration of Date
Govt. of MP (Scanned copy of Registration to be
uploaded)
3 Name of Organization/Individual/
Proprietary
Firm/ Partnership Firm
4 Entity of Organization
Individual/ Proprietary Firm/ Partnership
Firm Registered under Partnership Act)/
Limited Company, (Registered under the
Companies Act-1956)/ Corporation/ Joint
Venture
5 Address of Communication
6 Telephone Number with STD Code
7 Fax Number with STD Code
8 Mobile Number
9 E-mail Address for all communications
Details of Authorized Representative
10 Name
11 Designation
12 Postal Address
13 Telephone Number with STD Code
14 Fax Number with STD Code
15 Mobile Number
16 E-mail Address
Note: In case of partnership firm and limited company certified copy of partnership deed/
Articles of Association and Memorandum of Association along with registration
certificate of the company shall have to be enclosed.
Signature of Bidder with Seal
Date: _
Page 24 of 116
 Annexure–I
(See Clouse-14 of Section 2 –ITB)

Envelope - B,Technical Proposal

Technical Proposal shall comprise the following documents:

S. Particulars Details to be submitted

No

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

2 Annual Turnover Annexure - 1 (Format: 1-2)

3 List of technical personnel for the key Annexure - 1 (Format: 1-3)

positions

4 List of Key equipments/ machines for Annexure - 1 (Format: 1-4)

quality control labs

5 List of Key equipments/ machines for Annexure - 1 (Format: 1-5)

construction work

Note:
1. Technical Proposal should be uploaded duly page numbered andindexed.
2. Technical Proposal uploaded otherwise will not beconsidered.

Page 25 of 116
 Annexure – I(Format :I-1)
(See Clouse-14 of Section 2 –ITB)

FINANCIAL & PHYSICAL EXPERIENCE DETAILS

A. FinancialRequirement:
The bidder should have completed either of the below:

a) three similar works each costing not less than the amount equal to 20% of the
probable amount of contract during the last 5 financial years;or

b) two similar works each costing not less than the amount equal to 30% of the
probable amount of contract during the last 5 financial years; or

c) one similar work of aggregate cost not less than the amount equal to 50% of the
probable amount of contract in anyone financial year during the last 5 financial
years;

Clarification
1- In this regard it is clarified that the requirement in Annexure-C as well as in Annexure -I are
generally for having completed similar work in last 5 financial years. However the bidders who
have executed a part of the project during last 5 financial years, and that part covers all the
major items of road construction and the value of such executed part is more than the qualified
amount mentioned in Annexure-C and / or Annexure-I shall beconsidered.
2- It is clarified that the experience of constructing roads and bridges shall be considered as
experience of similar works, irrespective of it being work of rigid or flexiblepavement.
3- It is clarified that works completed/executed before last date of bid submission in the current
financial year shall also be considered towards works experience requirement described in
Annexure-C and Annexure-I-1 of the document. Therefore for this purpose the works
completed/executed during current financial year up to last date of Bid submission shall be
considered in this case last 5 financial year will be counted as current financial year and 4 years
backwards.

To be filled in by the contractor:

i. Details of successfully completed similar works shall be furnished in the followingformat.
ii. Certificate duly signed by the employer shall also be enclosed for each completed similarwork.

Agreement Name of Date of Date of Amount of Employer's

Number & Year Work Work Completion Contract Name and
Order Address
I II III IV V VI

Page 26 of 116
Existing commitments - (Value of 'C' for Bid Capacity formula)

Agreement Name of Date of Date of Amount of Amount of Employer's

Number & Work Work Completion Contract balance Name and
Year Order work Address

B. PhysicalRequirement:
Execution of similar items of work in anyone financial year during the last 5financial years should
not be less than the minimum physical requirement fixed for the work

S. No. Particulars Actual Quantity Executed

(To be filled in by the contractor)
Year – 1 Year – 2 Year – 3 Year – 4 Year – 5
1 Physical qualification
required
2 Earthwork
3 Concrete work
Note: 1. Certificate duly signed by the employer shall be enclosed for the actual quantity
executed in anyone year during the last 5 financialyears.
2. Similar works: The similarity shall be based on the physical size, complexity, methods
technology or other characteristics of main items of work viz. earth work, cement concrete,
Reinforced cement concrete, brick masonry, stone masonry etc.

Page 27 of 116
 Annexure – I(Format :I-2)
(See Clouse-14 of Section 2 –ITB)

ANNUAL TURN OVER

Requirement:
Average annual construction turnover on the construction works not less than 50% of the
probable amount of contract during the last5financialyears;

To be filled in by the contractor:

Financial Payments received for contracts in progress or

Year completed
2015-16
2016-17
2017-18
2018-19
2019-20

Note:
i. Annual turnover of construction should be certified by the CharteredAccountant.
ii. Audited balance sheet including all related notes, and income statements for the above
financialyear to beenclosed.
Clarification:-
Provisional balance sheets for financial year ………… shall be considered subject to
authentication by the C.A.

Bid Capacity

Applicants who meet the minimum qualifying criteria in the evaluation as stated
above are to be evaluated further for bid capacity asunder:

Bid Capacity = (1.5 A X B) - C

Where
A= Maximum value of civil engineering works executed in anyone yearduring

Thelast five years(10% weightage per year shall be given to bring the value
of work executed at present pricelevel)
B= Proposed contract period in years.
C= Amount of work in hand atpresent.

Page 28 of 116
 Annexure – I(Format :I-3)
(See Clouse-14 of Section 2 – ITB and clause 6 ofGCC)

List Of Technical Personnel For The Key Positions

Minimum requirement Available with the bidder

Qualification

Qualification
Similar work

Similar work
Key Position

Key Position

requirement
Total Work

Total Work
Experience

Experience
experience

experience
Minimum

Minimum
S. No.

S. No.
Age

Age
1 Project
Manager
2 Site
Engineer
3 Plant
Engineer
4 Quantity
Surveyor
5 Soil
&Material
Engineer
6 Supervisior

Note: It is clarified that the minimum requirement is a mandatory requirement and part of
technical bid, but the pre qualification is not to be done on the basis of this criteria.

Page 29 of 116
 Annexure – I(Format : I-4)
(See Clouse-14 of Section 2 – ITB and clause 6 of GCC)

List Of Key Equipments/ Machines For Quality Control Labs

Minimum requirement Available with the bidder

[Link]. Name of Equipment/ Quantity [Link]. Name of Equipment/ Quantity
Machinery Machinery

Machinery and Equipment Required for

Conducting Test as per MOST Specification V
Revision

Note: It is clarified that the minimum requirement is a mandatory requirement and part
oftechnical bid, but the pre qualification is not to be done on the basis of this criteria.

Page 30 of 116
 Annexure – I(Format :I-5)
(See Clouse-14 of Section 2 –ITB)
List of Key Equipments Machines for Construction Work
Minimum requirement Available with the bidder
[Link]. Name of Equipment/ Machinery Quantity [Link]. Name of Quantity
Equipment/
Machinery
1
Tipper Trucks -
2
Motor Grader -
3 Dozer -
4
Front end Loader -
5
Smooth Wheeled roller -
6
Vibratory Roller -
7
Hot mix plant with electronic control -
8
Paver finisher with electronic sensor -
9
Water tanker -
10
Bitumen Sprayer -
11
Tandem Roller -
12
Concrete mixer with Integral weigh Batching facility -
13 Slip Form Concrete paver capable of paving in
required width of carriageway in one single
pass including all appropriate accessories such
-
as, integral vibratory system and electronic
sensors ancillary equipment for applying curing
compound, joint cutting etc.
14 Concrete batching and mixing plant with automatic
control (minimum 100 cum/hour)
-
15 Pnumetictyre roller -
16 Batch Mixing plant with electronic controls (series
minimum 100-120 TPH capacity as required -
Total -
....
Note. 1. The Bidder has to either provide evidence of owning the equipments or of having made lease
arrangements for employing the required equipments as listed in the table above. Bidders can also give an
undertaking that in case he is awarded the work, he shall make suitable arrangement for providing these
equipments, prior to signing the agreement.
2. It is clarified that the minimum requirement is a mandatory requirement and part of technical bid, but the pre
qualification not to be done on the basis of thiscriteria.

Page 31 of 116
 Annexure –J
(See Clouse-14 of Section 2 –ITB)

FINANCIAL BID
(To be Contained in Envelop-C)

NAME OF WORK :-- :-- AR / SR / MOW of non-residential buildings under Balaghat, PWD sub division
no. 2. And other deposit work

I/We hereby bid for the execution of the above work within the time specified at the
[email protected] at par based on the Bill of Quantities and item wise rates given therein in all respects and in
accordance with the specifications, designs, drawings and instructions in writing in all respects in accordance with such
conditions so far as applicable. I/We have visited the site of work and am i are fully aware of all the difficulties and
conditions likely to affect carrying out the work. I/We have fully acquainted myself/ourselves about the conditions in regard
to accessibility of site and quarries/kilns, nature and the extent of ground, working conditions including stacking of materials,
installation of tools and plant conditions effecting accommodation and movement of labour etc. required for the satisfactory
execution of contract.
Should this bid be accepted, I/We hereby agree to abide by and fulfill all the terms
and provisions of the said conditions of contract annexed hereto so far as applicable, or in
default thereof to forfeit and pay to the Governor of Madhya Pradesh or his successors in
office the sums of money mentioned in the said conditions.\
Note:

i. Only one rate of percentage above or below or at par based on the Bill of Quantities and
item wise rates given therein shall bequoted.

j. ii. Percentage shall be quoted in figures as well as in words. If any difference in figures
and words is found lower of the two shall be taken as valid and correct rate. If the
bidder is not ready to accept such valid and correct rate and declines to furnish
performance security and sign the agreement his earnest money deposit shall be forfeited.

k. iii. In case the percentage "above" or" below" is not given by a bidder, his bid shall be
treated as non-responsive.1

l. iv. All duties, taxes, and other levies payable by the bidder shall be included in the
percentage quoted by [Link] exclusive of Goods and Services Tax (GST).

Signature of Bidder
Name of Bidder

The above bid is hereby accepted by me on behalf of the Governor of Madhya Pradeshdated
the…………..dayof ............................................. 20

Signature of Officer by whom accepted

Page 32 of 116
 Annexure –K
(See Clouse-15 of Section 2 –ITB)

MATERIALS TO BE ISSUED BY THE DEPARTMENT

[Link] Name of material Rate (Issue rate) Unit Remarks

………………..NIL…………………

Page 33 of 116
 Annexure –L
(See Clouse-21 of Section 2 –ITB)
LETTER OFACCEPTANCE
No. Dated ………………
To,
M/s…………………………………………. _
(Name and address of thecontractor)

Subject: ------------------------------------------------------------------------------------------------
(Name of the work as appearing in the bid for the work)

-x0x-
Dear Sir (s),
Your bid for the work mentioned above has been accepted on behalf of the Governor
of Madhya Pradesh at your bided percentage …………..below/ above or at par the Bill of
Quantities and item wise rates given therein.

Youarerequestedtosubmitwithin15(Fifteen)daysfromthedateofissueofthis
letter:
a. The performance security/ performance guarantee of Rs ........................ (in
figures) (Rupees…………………………………………………….in words
only). The performance security shall be in the shape of term deposit receipt
bank guarantee of any nationalized / schedule commercial bank valid up to
three months after the expiry of defects liability period.
b. Sign the contractagreement.

Page 34 of 116
 Please note that the time allowed for carrying out the work as entered in the bid is
months including/ excluding rainy season, shall be reckoned from the date of signing the
contractagreement.

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

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

Executive Engineer,
PWD Division No 1 Balaghat

Page 36 of 116
Page 37 of 116
 Annexure-M
BID SECURITY (BANK GUARANTEE)

WHEREAS (name of Bidder) (hereinafter called "the Bidder")has

submitted his Bid dated (date) for the construction of

[name of Contract hereinafter called "theBid"]

KNOW ALL PEOPLE by these presents thatwe

(name ofBank) of [name of country] having our registered officeat

(hereinafter called "the Bank") are boundunto

(name of the Executive Engineer) in the sum of

* for which payment well and truly to be made to

the said name of the Executive Engineer the Bank itself, his successors and assigns by

thesepresents.

SEALED with the Common Seal of the saidBankthis dayof 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 ofBid.

OR

(2) If the Bidder having been notified to the acceptance of his bid by the name of the

Executive Engineer during the period of Bidvalidity

(a) fails or refuses to execute the Form of Agreement in accordance with

the Instructions to Bidders, if required;or

(b) fails or refused to furnish the Performance Security, in accordance with

the Instructions to Bidders; or

We undertake to pay to the (name ofthe Executive Engineer) up to the

above amount upon receipt of his first written demand, without the (name of the

Executive Engineer) having to substantiate his demand, provided that in his demand of

Page 38 of 116
(name of the Executive Engineer) will note that the amount claimed by him is due to him

owing to the occurrence of one or any of the two conditions, specifying the occurred

condition or conditions.

This Guarantee will remain in force up to and including the date 180**

days after the deadline for submission of Bids as such deadline is stated in the

Instructions to Bidders or as it may be extended by the (name of the Executive

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 the 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 Bid

Data Sheet at reference17.

** EMD should be valid for a period of Six Months of more.

Page 39 of 116
 Annexure –M-1
(See Clouse-22 of Section 2 –ITB)

PERFORMANCE SECURITY

To
……………………………… [name of Employer]
……………………………… [address of Employer]

WHEREAS …………………………………[name and address of

Contractor](Hereinafter called "the Contractor") has undertaken, in pursuance of Letter of
Acceptance No. ……………..dated ………………… to execute
………………………………….[name of Contract and brief description of Works] (hereinafter
called "the Contract").

AND WHEREAS it has been stipulated by you in the said Contract that the
Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum specified
therein as security for compliance with his obligation in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible
to you on behalf of the Contractor, up to a totalof .................................... [amount ofguarantee]*
………………………………………………………….(in words), such sum being payable in the
types and proportions of currencies in which the Contract Price is payable, and we undertake to
pay you, upon your first written demand and without cavil or argument, any sum or sums within
the limits of ……………………………… [Amount of guarantee] as aforesaid without your
needing to prove or to show grounds or reasons for your demand for the sum specified therein.

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

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

of the Contract of the Works to be performed there under or of any of the Contract documents
which may be made between you and the Contractor shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
This guarantee shall be valid until 3 (three) months from the date of expiry of the
Defect Liability Period.

Signature, Name and Seal of the guarantor …………………………………

Name of Bank ………………………………………………………………..
Address ……………………………………………………………………….
Phone No., Fax No., E-mail Address, of Signing Authority ………………
Date ………………………………….

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

Page 40 of 116
 SECTION 3
Conditions ofContract
Part – I General Conditions ofContract
Table of ClausesGCC

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

Page 41 of 116
 A. General
1. DEFINITIONS
1.1. Bill of Quantities: means the priced and completed Bill of Quantities forming part
of theBid.
1.2. Chief Engineer: mea ns Chief Engineer of the zone/ basinconcerned.
1.3. Completion: means completion of the work as certified by the Engineer-in-Charge
in accordance with provisions ofagreement.
1.4. Contract: means the Contract between the Employer and the Contractor to
execute, complete and/or maintain the work. Agreement is synonym of Contract
and carries the same meaning whereverused.
1.5. Contract Data: means the documents and other information which comprise of the
Contract.
1.6 Contractor: means a person or legal entity whose bid to carry out the work has been
accepted by theEmployer.
1.7. Contractor's bid: means the completed bid document submitted by the Contractor
to theEmployer.
1.8. Contract amount: means the amount of contract worked out on the basis of
acceptedbid.
1.9. Completion of work: means completion of the entire contracted work. Exhaustion
of quantity of any particular item mentioned in the bid document shall not imply
completion of work or any componentthereof.
1.10. Day: means the calendarday.
1.11. Defect: means any part of the work not completed in accordance with the
specifications included in thecontract.
1.12. Department: means Department of the State Government viz. Water Resources
Department, Public Works Department, Public Health Engineering Department,
Rural Engineering Service and any other organization which adopts this
document.
1.13. Drawings: means drawing including calculations and other information provided
or approved by theEngineer-in-Charge.
1.14. Employer: means the party as defined in the Contract Data, who employs the
Contractor to carry out the work. The Employer may delegate any or all functions
to a person or body nominated by him for specified functions. The wordEmployer
/ Government / Department wherever used denote the Employer.
1.15 Engineer: means the person named in the ContractData.
1.16 Engineer in charge: means the person named in the ContractData.
1.17 Equipment: means the Contractor's machinery and vehicles brought temporarily to
the Site for execution ofwork.
1.18 Government: means Government of Madhya Pradesh.
1.19 In Writing: means communicated in written form and delivered againstreceipt.
1.20 Material: means all supplies, including consumables, used by the Contractor for
incorporation in thework.

Page 42 of 116
 1.21. Superintending Engineer: means Superintending Engineer-in-Charge of the Circle
concerned.
1.22. Stipulated period of completion: means the period in which the Contractor is
required to complete the work. The stipulated period is specified in the Contract
Data.
1.23. Specification: means the specification of the work included in the Contract and
any modification or addition made or approved by theEngineer-in-Charge.
1.24. Start Date: means the date of signing of agreement for thework.
1.25. Sub-Contractor: means a person or corporate body who has a Contract with the
Contractor, duly authorized to carry out a part of the construction work under the
Contract.
1.26. Temporary Work: means work designed, constructed, installed, and removed by
the Contractor that are needed for construction or installation of thework.
1.27. Tender/Bid, Tender/Bidder: are the synonyms and carry the same meaning where
everused.
1.28. Variation: means any change in the work which is instructed or approved as
variation under thiscontract.
1.29. Work: The expression "work" or "works" where used in these conditions shall
unless there be something either in the subject or context repugnant to such
construction, be construed and taken to mean the work by virtue of contract,
contracted to be executed, whether temporary or permanent and whether original,
altered, substituted oradditional.

2. INTERPRETATIONS ANDDOCUMENTS
2.1 Interpretations

In the contract, except where the context requires otherwise:

a. words indicating one gender include allgenders;
b. Words indicating the singular also include the plural and viceversa.
c. provisions including the word "agree", "agreed" or "agreement" require the
agreement to be recorded inwriting;
d. written" or "in writing" means hand-written, type-written, printed or
electronically made, and-resulting in a permanentrecord;

2.2 Documents Forming Part ofContract:

1. NIT with all amendments.
2. Instructions to Bidders (ITB, Bid Data Sheet with allAnnexure)
3. Conditions ofContract:
i. Part I General Conditions of Contract and the Contract Data;
with allAnnexure
ii. Part II Special Conditions ofContract.
4. Specifications
5. Drawings
6. Bill ofQuantities
7. Technical and FinancialBid'
8. Agreement,and
9. Any other documents), asspecified.
Page 43 of 116
Page 44 of 116
3. Language andLaw
The language of the Contract and the law governing the Contract are stated in the
Contract Data Sheet.
4. Communications
All certificates, notice or instruction to be given to the Contractor by Employer/Engineer
shall be sent to the address or contact details given by the Contractor in [Annexure H of
ITB]. The address and contact details for communication with the Employer/Engineer
shall be as per the details given in the Contract Data. Communication between parties that
are referred to in the conditions shall be in writing. The notice sent by facsimile (fax) or
other electronic means (email) shall also be effective on confirmation of the transmission.
The notice sent by registered post or speed post shall be effective on delivery or at the
expiry of the normal delivery period as undertaken by the postal service. In case of any
change in address for communication, the same shall be immediately notified to Engineer-
in-Charge.

5. Subcontracting
Subcontracting shall be permitted for contracts of value more than amount specified in the
Contract Data with following conditions:

a. The Contractor may subcontract up to 25 percent of the contract price with the
approval of the Employer in writing, but will not assign the Contract. Subcontracting
shall not alter the Contractor'sobligations.

b. Following shall not form part ofsubcontracting:

i. Hiring of labour through a labourcontractor.
ii. ThepurchaseofMaterialstobeincorporatedintheworks.
iii. Hiring of plant&machinery

c. The sub-contractor will have to be registered in the appropriate category in the

centralized registration system for contractors of the Govt. ofMP.

6. Personnel

6.1 The Contractor shall employ for the construction work and routine maintenance the
technical personnel as provided in the Annexure 1-3 of Bid Data Sheet, if applicable. If the
Contractor fails to deploy required number of technical staff, recovery as specified in the
Contract Data will be made from theContractor.

6.2 If the Engineer asks the Contractor to remove a person who is a member of theContractor's
staff or work force, stating the reasons, the Contractor shall ensure that the person leaves
the Site within three days and has no further connection with the Works in theContract.

Page 45 of 116
7. Force Majeure

7.1 The term "Force Majeure" means an exceptional event orcircumstance:

(a) Which is beyond a Party'scontrol,

(b) Which such Party could not reasonably have provided against before entering into the
Contract,

(c) Which, having arisen, such Party could not reasonably have avoided or overcome,
and

(d) Which is not substantially attributable to the otherParty.

Force Majeure may include, but is not limited to, exceptional events or circumstances
of the kind listed below, so long as conditions (a) to (d) above are satisfied:

(i) War, hostilities (whether war be declared or not), invasion, act of foreign
enemies,

(ii) Rebellion, terrorism, sabotage by persons other than the Contractor's

Personnel, revolution, insurrection, military or usurped power, or civilwar,
(iii) Riot, commotion, disorder, strike or lockout by persons other than the
Contractor'sPersonnel,

(iv) Munitions of war, explosive materials, ionizing radiation or contamination by radio-

activity, except as may be attributable to the Contractor's use of such munitions,
explosives, radiation or radio-activity,and

(IV) Natural catastrophes such as earthquake, hurricane, typhoon or volcanic activity.

7.2. In the event of either party being rendered unable by force majeure to perform any duty or
discharge any responsibility arising out of the contract, the relative obligation of the party
affected by such force majeure shall upon notification to the other party be suspended for
the period during which force majeure event lasts. The cost and loss sustained by either
party shall be borne by respective parties.
7.3 For the period of extension granted to the Contractor due to Force Majeure the
price adjustment clause shall apply but the penalty clause shall not apply. It is
clarified that this sub clause shall not give eligibility for price adjustment to
contracts which are otherwise not subject to the benefit of price adjustmentclause.
7.4 The time for performance of the relative obligation suspended by the force majeure shall
stand extended by the period for which such cause lasts. Should the delay caused by
force majeure exceed twelve months, the parties to the contractshall be at liberty to
foreclose the contract after holding mutualdiscussions.

8. Contractor'sRisks
8.1 All risks of loss or damage to physical property and of personal injury and death which
arise during and in consequence of the performance of the Contract are the responsibility of
theContractor.

Page 46 of 116
8.2 All risks and consequences arising from the inaccuracies or falseness of the documents
and/or information submitted by the contractor shall be the responsibility of the Contractor
alone.
9. Liability for Accidents toPerson
The contractor shall be deemed to have indemnified and saved harmless the Government
against all action, suits, claims, demands, costs etc. arising in connection with injuries
suffered by any persons employed by the contractor or his subcontractor for the works
whether under the General law or under workman's compensation Act, or any other statute
in force at the time of dealing with the question of the liability of employees for the
injuries suffered by employees and to have taken steps properly to ensure against any
claim thereunder.

10. Contractor to Construct theWorks

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

10.2 In the case of any class of work for which there is no such specification as is
mentioned in Contract Data, such work shall be carried out in accordance with
the instructions and requirement of theEngineer-in-charge.

10.3 The contractor shall supply and take upon himself the entire responsibility of
the sufficiency of the scaffolding, timbering, machinery, tools and implements,
and generally of all means used for the fulfillment of this contract whether such
means mayor may not be approved or recommended by theEngineer.

11. Discoveries

Anything of historical or other interest or of significant value unexpectedly

discovered on the Site shall be the property of the Employer. The Contractor shall
notify the Engineer of such discoveries and carry out the Engineer's instructions for
dealing with them.

12. Dispute ResolutionSystem

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

Page 47 of 116
12.2 No dispute can be raised after 45 days of its first occurrence. Any dispute raised
after expiry of 45 days of its first occurrence shall not be entertained and the
Employer shall not be liable for claims arising out of suchdispute.

12.3 The Competent Authority shall decide the matter within 45days.

12.4 Appeal against the order of the Competent Authority can be preferred within 30
days to the Appellate Authority as defined in the Contract Data. The Appellate
Authority shall decide the dispute within 45days.

12.5 Appeal against the order of the Appellate Authority can be preferred before the
Madhya Pradesh Arbitration Tribunal constituted under Madhya
PradeshMadhyastham Adhikaran Adhiniyam,1983.

12.6 The Contractor shall have to continue execution of the Works with due diligence
notwithstanding pendency of a dispute before any authority orforum.

B. TimeControl

13. Programme

13.1 Within the time stated in the Contract Data, the Contractor shall submit to the
Engineer for approval a Programme showing the general methods,
arrangements,' order and timing for all the activities for the construction of
works.

13.2 The program shall be supported with all the details regarding key personnel,
equipment and machinery proposed to be deployed on the works for its
execution. The contractor shall submit the list of equipment and machinery
being brought to site, the list of key personnel being deployed, the list of
machinery/equipment being placed in field laboratory and the location of field
laboratory along with theProgramme.

13.3 An update of the Programme shall be a programmes how in the actual progress
achieved on each activity and the effect of the progress achieved on the timing of
the remaining Works, including any changes to the sequence of theactivities.

13.4 The Contractor shall submit to the Engineer for approval an updated Programme
at intervals no longer than the period stated in the Contract Data. If the
Contractor does not su8mit 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 beensubmitted.

13.5 The Engineer's approval of the Programme shall not alter the Contractor's
obligations.

Page 48 of 116
14. Extension ofTime

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

15. Compensation for delay

15.1 The time allowed for carrying out the work, as entered in the agreement, shall be
strictly observed by theContractor.

15.2 The time allowed for execution of the contract shall commence from the date of
signing of the agreement. It is clarified that the need for issue of work order is
dispensedwith.

15.3 In the event milestones are laid down in the Contract Data for execution of the
works, the contractor shall have to ensure strict adherence to thesame.

15.4 Failure of the Contractor to adhere to the timelines and/or milestones shall attract
such liquidated damages as is laid down in the ContractData.

15.5 In the event of delay in execution of the Works as per the timelines mentioned in
the Contract Data the Engineer-in-charge shall retain from the bills of the
Contractor amount equal to the liquidated damages livable until the Contractor
makes such delays good. However, the Engineer-in-charge shall accept bankable
security in lieu of retaining suchamount.

15.6 If the Contractor is given extension of time after liquidated damages have been
paid, the Engineer in Charge shall correct any over payment of liquidated damages
by the Contractor in the next paymentcertificate.

15.7 In the event the Contractor fails to make good the delay until completion of the
stipulated contract period (including extension of time) the sum so retained shall
be adjusted against the liquidated damageslevied.

Page 49 of 116
16. Contractor's quotedpercentage

The Contractor's quoted percentage rate referred to in the "Bid for works" will be
deducted/ added from/to the net amount of the bill after deducting the cost of material-
suppliedbythedepartment•.
17. Tests
17.1 The Contractor shall be responsiblefor:
a. Carrying out the tests prescribed in specifications,and
b. For the correctness of the test results, whether preformed in his laboratory
orelsewhere.
17.2 The contractor shall have to establish field laboratory within the time specified
and having such equipments as are specified in the ContractData.
17.3 Failure of the Contractor to establish laboratory shall attract such penalty as is
specified in the ContractData.
18. Correction of Defects noticed during the Defect LiabilityPeriod
18.1 The Defect Liability Period of work in the contract shall be as per the Contract
Data.
18.2 The Contractor shall promptly rectify all defects pointed out by the Engineer well
before the end of the Defect Liability Period. The Defect Liability Period shall
automatically stand extended until the defect isrectified.
18.3 If the Contractor has not corrected a Defect pertaining to the Defect Liability
Period to the satisfaction of the Engineer, within the time specified by the
Engineer, the Engineer will assess the cost of having the Defect corrected, and
the cost of correction of the Defect shall be recovered from the Performance
Security or any amount due or that may become due to the contractor and other
availablesecurities.

D. CostControl
19. Variations –Change in original Specifications, Designs, and Drawingsetc.
19.1 The Engineer-in-charge shall have power to make any alterations, omissions or
additions to or substitutions in the original specifications, drawings, designs and
instructions, that may appear to him to be necessary during the progress of the
work and the contractor shall carry out the work in accordance with any
instructions which may be given to him in writing signed by the Engineer-in-
charge, and such alterations, omission, additions or substitutions shall not
invalidate the contract and any altered, additional or substituted work, which the
contractor may be directed to do in the manner above specified, as part of the
work, shall be carried out by the contractor on the same conditions in all respects
on which he agrees to do the mainwork

Page 50 of 116
19.2 The time for the completion of the work shall be extended in the proportion that the
altered, additional or substituted work bears to the original contract work and the certificate
of the Employer shall be conclusive as to suchproportion.

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

21. Payments for Variations and / or ExtraQuantities

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

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

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

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

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

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

f. But under no circumstances, the contractor shall suspend the work on the
plea of non-acceptability of rates on items falling under sub clause(a) to (d).

Page 51 of 116
 In case the contractor does not accept the rate approved by the Engineer in
Charge for a particular item, the contractor shall continue to carry out the
item at the rates determined by the Competent Authority. The decision on the
final rates payable shall be arrived at through the dispute settlement procedure.

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

22.1 If at any time after the commencement of the work, the Engineer-in-charge, for
any reason whatsoever, not require the whole or any part of the work as specified
in the bid to be carried out; the Engineer-in-charge shall give notice in
writing of the fact to the Contractor and withdraw that whole or any part of the
work.
22.2 The Contractor shall have no claim to any payments or compensation whatsoever,
on account of any profit or advantage which he might have derived from the
execution of work in full or on account of any loss incurred for idle men
and machinery due to any alteration or restriction of work for whatsoever
reason.
22.3 The Engineer-in-charge may supplement the work by engaging another agency to
execute such portion of the work, without prejudice to hisrights.
23. No InterestPayable
No interest shall be payable to the Contractor on any payment due or awarded byany
authority.

24 Recovery from Contractors

Whenever any claim against the Contractor for the payment arises under thecontract,
the Department may be entitled to recover such sumby:

(a) Appropriating, in part or whole of the Performance Security and

AdditionalPerformance Security, if any; and/or Security Deposit and / or anysums
payable under the contract to thecontractor.
(b) If the amount recovered in accordance with (a) above is not sufficient, thebalance
sum may be recovered from any payment due to the contractor under any other
contract of the department, including the securities which become due forrelease.
(c) The department shall, further have an additional right to effect recoveries asarrears
of land revenue under the M.P. Land RevenueCode.
25. Tax

25.1 The rates quoted by the Contractor shall be deemed to be inclusive of thecommercial
tax and other levies, duties, cases, toll, taxes of Central and State Governments, local
bodies andauthorities.
25.2 The liability, if any, on account of quarry fees, royalties, octopi and any other taxes and
duties in respect of materials actually consumed on public work, shall be borne by the
Contractor.

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

Page 52 of 116
26. CheckMeasurements

26.1 The department reserves to itself the right to prescribe a scale of check
measurement of work in general or specific scale for specific works or by other
specialorders.

26.2 Checking of measurement by superior officer shall supersede measurements by

subordinate officer(s), and the former will become the basis of thepayment.

26.3 Any over/excess payments detected, as a result of such check measurement or

'otherwise at any stage up to the date of completion of the defect liability period
specified in this contract, shall be recoverable from the Contractor, as per clause
24above.

27. Termination by Engineer inCharge

27.1 If the Contractor fails to carry out any obligation under the Contract, the
Engineer in Charge may by notice require the Contractor to make good the
failure and to remedy it within a specified reasonabletime.

27.2 The Engineer in Charge shall be entitled to terminate the Contract if the
Contractor
a. abandons the Works or otherwise plainly demonstrates the intention not to
continue performance of his obligations under theContract;
b. the Contractor is declared as bankrupt or goes into liquidation other than for
approved reconstruction oramalgamation;
c. without reasonable excuse fails to comply with the notice to correct a particular
defect within a reasonable period oftime;
d. the Contractor does not maintain a valid instrument of financial security as
prescribed;
e. the Contractor has delayed the completion of the Works by such duration for
which the maximum amount of liquidated damages isrecoverable;
f. If the Contractor fails to deploy machinery and equipment or personnel or setup
a field laboratory as specified in the ContractData;
g. If the contractor, in the judgment of the Engineer in charge has engaged in
corrupt or fraudulent practices in competing for or in executing thecontract;
h. Any other fundamental breaches as specified in the ContractData.

27.3 In any of these events or circumstances, the Engineer in Charge may, upon
giving 14 days' notice to the Contractor, terminate the Contract and expel the
Contractor from the Site. However, in the case of sub-paragraph (b) or (g) of
clause 27.2, the Engineer in Charge may terminate the Contractimmediately.

27.4 Notwithstanding the above, the Engineer-in-Charge may terminate the Contract
for convenience by giving notice to theContractor

Page 50 of 116
28. Payment uponTermination

28.1 If the contract is terminated under clause 27.3, 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.
(As per Amended vide Govt. memo No.F-53/ 16/2012/19/Y/6842 dt.02.11.15)
.
28.2 Payment on termination under clause 27.4above-
If the Contract is terminated under clause 27.4 above, the Engineer shall issue a
certificate for the value of the work done, the reasonable cost of removal of
Equipment, repatriation of the Contractor's personnel employed solely on the
Works, and the Contractor's costs of protecting and securing the Works and less
advance payments received up to the date of the certificate, less other
recoveries due in terms of the contract and less taxes due to be deducted at
source as per applicablelaw.
28.3 If the total amount due to the Employer exceeds any payment due to .the
Contractor, the difference shall be recovered as per clause 24above.

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

30. SecurityDeposit- ,
30.1 Security Deposit shall be deducted from each running bill at the rate as specified
in the Contract Data. The total amount of Security Deposit so deducted shall not
exceed the percentage of Contract Price specified in the ContractData.
30.2 The security deposit may be replaced by equivalent amount of bank guarantee or
fixed deposit receipt assigned to the Employer, with validity up to 3 (three)
months beyond the completion of Defect Liability Period/ extended Defect
LiabilityPeriod.

30.3 The Security deposits shall be refunded of completion of defect liability

period. The additional performance security shall be refunded on satisfactory
completion of thework.
(As per Amended vide Govt. memo No.F-53/ 16/2012/19/yo/1317 dt. 28.02.15)

Page 51 of 116
 31. PriceAdjustment
31.1 Contract price shall be adjusted for increase or decrease in rates and price
of labour, materials, fuels and lubricants in accordance with following
principles and procedures and as per formula given in the contractdata.
(a) The price adjustment shall apply for the work done from the start
date given in the contract data upto the end of the initial intended
completion date or extensions granted by the Engineer and shall not
apply to the work carried out beyond the stipulated time for reasons
attributable to thecontractor.
(b) The price adjustable shall be determined during each month from
the formula given in the contractdata.
(c) Following expression and meaning are assigned to the work done
during eachmonth:
R = Total value of work during the month. It would include the
amount of secured advance granted, if any, during the
month, less the amount of secured advance recovered, if any
during the month. It will exclude value of works executed
under variations for which no price adjustment shall be
payable.
(Amended as per Govt. Order No. F-53-55-2018-19-Yo-1154 Bhopal, dated 23-03-2018)

31.2 To the extent that full compensation for any rise or fall in costs to the contractor is
not covered by the provisions of this or other clauses in the contract, the unit rates
and prices included in the contract shall be deemed to include amounts to cover the
contingency of such other rise or fall incosts.
(Amended as per Govt. Order No. F-53-55-2018-19-Yo-1154 Bhopal, dated 23-03-2018)

32. Mobilization and Construction Machinery Advance

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

Page 52 of 116
33. SecuredAdvance
33.1 Payment of Secured Advance shall be applicable if provided in theContract
Data.
33.2 If applicable, the Engineer shall make advance payment against materials
intended for but not yet incorporated in the Works and against provision by
the contractor of an unconditional Bank Guarantee in a form and by a
nationalized/ scheduled bank, in the name as stated in the Contract Data, in
amounts equal to the advance payment. The guarantee shall remain effective
until the advance payment has been adjusted, but the amount of the guarantee
shall be progressively reduced by the amounts adjusted by thecontractor.
33.3 The amount of secured advance and conditions to be fulfilled shall be as
stipulated in the ContractData.
33.4 The Secured Advance paid shall be recovered as stated in the ContractData.

34. PaymentCertificates
The payment to the contractor will be as follows for construction work:
(a) The Contractor shall submit to the Engineer monthly statements of the value
of the work executed less the cumulative amount certified previously,
supported with detailed measurement of the items of workexecuted.
(b) The Engineer shall check the Contractor's monthly statement and certify the
amount to be paid to theContractor.
(c) The value of work executed shall be determined, based on the measurements
approved by the Engineer/Engineer-in-charge.
(d) The value of work executed shall comprise the value of the quantities of the
items in the Bill of Quantitiescompleted.
(e) The value of work executed shall also include the valuation of Variations and
CompensationEvents.
(f) All payments shall be adjusted for deductions for advance payment, security
deposit, other recoveries in terms of contract and taxes at source as applicable
under thelaw.
(g) The Engineer may exclude any item certified in a previous certificate or
reduce the proportion of any item previously certified in any certificate in the
light of laterinformation.
(h) , Payment of intermediate certificate shall be regarded as payments by way of
advance against the final payment and not as payments for work actually done
andcompleted.
(i) Intermediate payment shall not preclude the requiring of bad, unsound and
imperfect or unskilled work to be removed and taken away and reconstructed
or be considered as an admission of the due performance of the contractor any
part thereof, in any respect or the occurring of anyclaim.
Page 53 of 116
 (j) The payment of final bill shall be governed by the provisions of clause 36 of
GCC.

E. Finishing theContract

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

36. FinalAccount

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

36.2 In case the account is not received within 21 days of issue of Certificate of
Completion as provided in clause 32.1 above, the Engineer shall proceed to
finalize the account and issue a payment certificate within 28days.

Page 54 of 116
 F. Other Conditions ofContract
37. Currencies
All payments will be made in Indian Rupees.
38. Labour
38.1 The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for
their payment, housing, feeding andtransport.

38.2 The Contractor shall, if required by the Engineer, deliver to the Engineer a return
in detail, in such form and at such intervals as the Engineer may prescribe,
showing the staff and the numbers of the several classes of labour from time to
time employed by the Contractor on the Site and such other information as the
Engineer mayrequire.

39. Compliance with LabourRegulations

39.1. During continuance of the Contract, the Contractor and his sub-Contractors shall
abide at all times by all existing labour enactments and rules made there under,
regulations, notifications and bye laws of the State or Central Government or local
authority and any other labour law (including rules), regulations, bye laws that may
be passed or notification that may be issued under any labour law in future either
by the State or the _Central Government or the local authority. Salient features of
some of the major labour laws that are applicable to construction industry are given
in the Contract Data. The Contractor shall keep the Employer indemnified in case
any action is taken against the Employer by the competent authority on account of
contravention of any of the provisions of any Act or rules made their under,
regulations or notifications including amendments .. If the Employer is caused to
pay or reimburse, such amounts as may be necessary to cause or observe, or for
non-observance of the provisions 'stipulated in the
notifications/byelaws/Acts/Rules/regulations including amendments, if any, on the
part of the Contractor, the Engineer/Employer shall have the right to deduct from
any money due to the Contractor including his ~amount of performance security.
The Employer/Engineer shall also have right to recover from the Contractor any
sum required or estimated to be required for making good the loss or damage
suffered by the Employer. The employees of the Contractor and the Sub-Contractor
Page 55 of 116
 in no case shall be treated as the employees of the Employer at any point oftime.
40. Audit and TechnicalExamination
Government shall have the right to cause an audit and technical examination of the
works and the final bill of the contract including all supporting vouchers, abstract
etc. to be made after payment of the final bill and if as a result of such audit and
technical examination any sum is found to have been overpaid in respect of any
work done by the contractor under the contract or any work claimed by him to have
been done under the contract and found not to, have been executed, the Contractor
shall be liable to refund the amount of overpayment and it shall be lawful for
Government to recover the same from him in the manner prescribed in clause 24
above and if it is found that the Contractor was paid less than what was due to him,
under the contract in respect of any work executed by him under it, the amount of
such under payment shall be duly paid by Government to the Contractor.

41. Death or Permanent Invalidity ofContractor

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

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

Page 56 of 116
43. Death or Permanent Invalidity ofContractor
If the Contractor is an individual or a proprietary concern, partnership concern, dies during
the currency of the contract or becomes permanently incapacitated, where the surviving
partners are only minors, the contract shall be closed without levying any damages/
compensation as provided for in clause 28.2 of the contract agreement. However, if the
competent authority is satisfied about the competence of the survivors, then the competent
authority shall enter into a fresh agreement for the remaining work strictly on the same
terms and conditions under which the contract wasawarded.

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

[End of GCC]

Page 57 of 116
 Contract Data Sheet

A.
GCC
Particulars Data
Clause
1.14 Employer Executive Engineer P.W.D. dn No. 1 Balaghat
1.15 Engineer Executive Engineer P.W.D. dn No. 1 Balaghat
1.16 Engineer in Charge Executive Engineer P.W.D. dn No. 1 Balaghat
1.22 Stipulated Period of 12 Month i/c rainy season
Completion (period is always excluding rainy season,
unless mentioned otherwise)
Language & Law of English & Indian Contract Act 1872
3
Contract
Address & contact details As per 'Annexure-H'
of the Contractor
4 Address & contact details Executive Engineer P.W.D. DN No. 1 Balaghat
of the Employer/ Engineer email:- eepwd1blgt@[Link]
– phone, Fax,e-mail.
Subcontracting permitted More than [Link].
5
for the Contract Value
Technical Personnel to be As per 'Annexure-I' (Format I-3)
provided by the contractor
Penalty, if required Rs thirty thousand per month for
6
Technical Personnel not eachGraduate Engineer and
employed Rs eighteen thousand per month for
eachDiploma Engineer/ITI Surveyor
Specifications As per 'Annexure - E'
10
Drawings As per 'Annexure - N'
Competent Authority for S.E. of concerned Circle Seoni
deciding dispute under
Dispute Resolution System
12
Appellate Authority for C.E. of concerned Zone Jabalpur
deciding dispute under
Dispute Resolution System
Period for submission of (a) Every 3 months
updated construction or
program (b) at the end of everymilestone,
whichever isless
13
Amount to be withheld for @ 1 % (one) percent of contract amount,
not submitting subject to a maximum of Rs. 50,000/-.
construction programin
the prescribed period
Competent Authority for Engineer-in-Charge
14 granting Time Extension (Amended as per Govt. Order No. F-53-55-
2018-19-Yo-1154 bhopal,dated 23-03-2018)
Milestones laid down for YES
15 the contract
If Yes, details of As per 'Annexure - O' or

Page 58 of 116
GCC
Particulars Data
Clause
Milestones as below, if not mentioned in Annexure -O:
Mile Stone 1:-
1/8th of the whole work before 1/4th of the
whole time allowed has elapsed,
Mile Stone 2:-
3/8th of the whole work before 1/2th of the
whole time allowed has elapsed
Mile Stone 3:-
3/4th of the whole work before 3/4th of the
whole time allowed has elapsed
Mile Stone 4:-
complete work within the stipulated time
Liquidated damage As per 'Annexure - P'

List of equipment for lab As per 'Annexure - Q'

Time to establish lab 30 days from date of signing of the

17 Agreement
Penalty for not 1% of Contract Amount per month,
establishing field subject to a maximum ofRs. 50,000/- per
Laboratory month of delay
18 Defect Liability Period As below:
(A) For Road work:-
(i) For New Road (Bituminous)Construction
along with granular crust (including
strengthening): - 5 years;
(ii) For New Road (Concrete)Construction
(including strengthening): - 5years;
(iii) For Renewal with BT layer equal to or less
than30 mm thickness: -3Years;
(iv) For Renewal with BT layer more than 30
mm thickness : 5years
(B) For Bridge works - 3 Years to execute,
complete and maintain works inaccordance
with agreement and special conditions of
contract (SCC) after issuance of physical
completion certificate as per“Annexure-U”
(C) For Building works -3Years
(D) For Road Maintenance – 1 Years (The
work of strengthening and renewal shall not
be treated as road maintenancework)
(E) For Building Maintenance Works – 1 Years
(Except for water proofing works and the
works in which specific guarantee period is
mentioned).
Note: In accordance with clause 18 the defect
observed in the works during the Defect Liability
Period shall be intimated by the Engineer-in-
Charge to the contractor and the contractor shall
[Link]

Page 59 of 116
GCC
Particulars Data
Clause
are not removed in reasonable time, the same can
be got done by the Engineer-in-Charge by way of-
(a) deploying departmental labour and material
or
(b) engaging a contractor by issuing a work order
at contract rate/SOR rate
or
(c) sanctioning supplementary work in a existing
agreement to a contractor for zonal works or
other similarwork
or
(d) inviting opentender
or
(e) combination ofabove
The Engineer-in-Charge shall assess the cost of
such rectification which shall be recoverable from
the contractor from his Performance Security or
any amount due or that may become due to him
and from other available securities. If this amount
is not sufficient to meet the expenses incurred on
rectification, the balance amount may be
recovered as Land Revenue Arrears as per
MPLRC
(Amended vide Govt. memo No.
1400/1246/2018/19/YoBhopaldt.06-04-18)
21 Competent Authority for S.E. of concerned Circle
determining the rate
Any other condition for Yes as below:
breach of contract If the contractor fails to achieve 50%
financial progress in any milestoneand
27
/or
fails to achieve 75% financial progress in
two consecutive mile stones
28 Penalty (a) Penalty shall include forfeiture of Security
deposit as per clause 30 of General
Conditions of Contract and the percentage
to apply to the value of work not
completed representing the Employers
additional cost for completing the works
which shall be 20 percentand
(b) Liquidated Damages imposed as per
clause 15 or Performance Security
(Guarantee) including Additional
Performance Security (Guarantee), if any,
as per clause 29 of General Conditions of
Contract, whichever ishigher
(Amended vide Govt. memo No.F-53/
16/2012/19/;ks/6842 dt. 2.11.15)

Page 60 of 116
GCC jdks j

Particulars Data
Clause
Performance guarantee The upfront Bank Guarantee against
(Security) shall be valid up Performance Security shall be taken for a
to period as mentioned below –
(a) Works having Performance Guarantee of 5
Years- Construction Period + 3 Years + 3
Months.
(b) Works having Performance Guarantee of 3
Years- Construction Period + 2 Years + 3
Months.
(c) Works having Performance Guarantee of 1
Years- Construction Period + 1 Years + 3
29 Months.

It is clarified that in case the construction

period of the work is extended beyond the
stipulated completion period, the Bank
Guarantee against PG shall have to be got
extended by the contractor for the relevant
period so as to satisfy the validity criteria
mentioned above.
(Amended vide Govt. memo No.
1400/1246/2018/19/Yo Bhopal dt. 06-04-18)

30.1) Security Deposit to At the rate of 5% of Gross Amount of

be deducted from each RunningBill
running bill
30.2) Maximum limit of Up to 5% of the Final Contract Amount.
deduction of Security
Deposit
30.3) Refund of Security
30 Deposit The total Security Deposit deducted from the
running bills shall be refunded (equivalent BG
released) only after the completion of the
Performance Guarantee Period/Extended
Performance Guarantee period, if any
(Amended vide Govt. memo No.
1400/1246/2018/19/Yo Bhopal dt.06-04-18)

31 Clause 31 Price As per Annexure R and as below:

adjustment shall be (a) The price Adjustment shall apply only
applicable in respect of Labour, Cement, Steel,
Bitumen , Plant & Machinery Spares,
POL and Other Materialscomponents.
(b) Price Adjustment shall be applicable
only in case of Probable Amount of
Contract (PAC) in NIT is more than
Rs ten Cr. This clause shall not have
any bearing with the ContractAmount.

Page 61 of 116
GCC
Particulars Data
Clause
Clause 31 Weight ages of Percentage of Component
Component in the work in the work
Component B.T. Road B.T. Rigid Bridge
(Amended As per vide Construction Renewal Pavement Works
Construction
Govt. Order No. F-53-55- Labour 10% 10% 10% 20%
2018-19-Yo-1314bhopal component-P1
dated 28-3-2018 )
Cement 5% 0% 23% 15%
component -Pc
Steel 5% 0% 12% 20%
component -Ps
Bitumen 20% 30% 0% 0%
component-Pb
POL 10% 10% 10% 10%
component -Pf
Plant & 5% 5% 5% 5%
Machinery
Spares
component -Pp
Other Materials 45% 45% 40% 30%
component-Pm
32 Clause 32.1 Mobilization and No Mobilization and Construction Machinery
Construction Machinery Advance Payable
Advance Applicable
Clause 32.2If yes, Not Applicable
Unconditional Bank
Guarantee
Clause 32.3 If yes, Rate of Not Applicable
interest chargeable on
advances
Clause 32.4 If yes, Type & Not Applicable
Amount of Advance payment
that can be paid
Clause 32.5 If yes, Recovery Not Applicable
of advance payment
33 Clause 33.1Secured Not Applicable
AdvanceApplicable
Clause 33.2 if yes, Not Applicable
Unconditional Bank
Guarantee
Clause 33.2 if yes, Amount
of Secured Advance
Not Applicable
Clause 33.3 if yes, Not Applicable
Conditions for secured
advance
Clause 33.4 if yes, Recovery Not Applicable
of Secured advance
Completion Certificate –
35 after physical completion of
As per 'Annexure - U'

Page 62 of 116
GCC
Particulars Data
Clause
the Work
Final Completion Certificate
– after final payment on As per 'Annexure- V'
completion of the Work
36 Competent Authority S.E. of concerned Circle
Salient features of some of
39 the major labour laws that As per 'Annexure-W'
are applicable
41 Competent Authority C.E. of concerned Circle

Section 3 –Contract Data

Page 63 of 116
 Annexure –N

(See Clouse-10 of Section 3 –GCC)

DRAWING

List of Drawing ;-

The drawings & design for Rigid Pavement/ Flexible Pavement/Culvert/Bridges shall be
proposed & submitted by the contractor which shall be scrutinized & approved bycompetent
authority of department & will be issued to contractor forexecution.

Page 64 of 116
 Annexure – O
(See Clouse-15 of Section 3 – GCC)

DETAILS OFMILESTONES

……………………………..……………………………..

Page 65 of 116
 Annexure – P
(See Clouse-15 of Section 3 – GCC)

Compensation for Delay

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

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

2.5% of the work remained unexecuted in the related timespan.

ii. Slippage exceeding 25% but Up to 50% in financial target during the milestone
under consideration 5% of the work remained unexecuted in the related time
span..

iii. Slippage exceeding 50% but Up to 75% in financial target during the milestone
under consideration -7.5% of the work remained unexecuted in the related time
span..

iv. Slippage exceeding 75% in financial target during the milestone under
consideration -10% of the work remained unexecuted in the related timespan.

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

Page 66 of 116
 Annexure –Q
(See Clouse-17 of Section 3 –GCC)

LIST OF EQUIPMENT FOR QUALITY CONTROL AB

As per Format I-4

Page 67 of 116
 Annexure- R
PRICEADJUSTMENT
[ Cl. 31 of Section 3- GCC ]
The formula for adjustment of prices are :
R= Value of work as defined in Clause 31.1 of Conditions ofContract
Adjustment for Labour Component
(i) Price adjustment for increase or decrease in the cost due to labour shall be paid
in accordance with the followingformula.
VL= 0.85 XP1/100 XR(Li – Lo ) /Lo
VL= increase or decrease in the cost of work during the month underconsideration
due to changes in rates for localLabour.
Lo= the consumer price index for industrial workers for the State on 28days preceding
the date of opening of Technical Bids as published by Labour Bureau, Ministry of
Labour, Government of India.
Li= the consumer price index for industrial workers for the State for the month under
consideration as published by Labour Bureau, Ministry of Labour component of
the work.
P1 = Percentage of Labour component of the work.
Adjustment for Cement Component
(ii) Price adjustment for increase or decrease in the cost of cement
procured by the contractor shall be paid in accordance withthe
followingformula:
VC= 0.85 X PC/100 X RX(C1-C0)/C0
Vc= increase or decrease in the cost of work during the month under
Consideration due to changes in rates for cement.
Co= The all India wholesale price index for Pozzolana Cement on 28 days preceding
the date of opening of Technical Bids, as published by the Economic Advisor,
DIPP, Ministry of Commerce & Industry Government of India, NewDelhi.
C1= The all India average wholesale price index for cement for the month under
consideration as published by the Economic Advisor, DIPP, Ministry of
Commerce & Industry Government of India, New Delhi.
Pc= Percentage of cement component of the work
Adjustment of Steel Component
(iii) Price adjustment for increase or decrease in the cost of steel procured by the
Contractor shall be paid in accordance with the followingformula:
Vs= 0.85 X PSX /100 X R X(S1-S0)/S0
Vs= Increase or decrease in the cost of work during the month under consideration
due to changes in the rates forsteel.
S0= The all India wholesale price index for mild steel long products / flats on 28 days
preceding the date of opening of Technical Bids, as published by the Economic
Advisor, DIPP, Ministry of Commerce & Industry Government of India, New
Delhi.
Si = The all India average wholesale price index for mild steel long products / flats for
the month under consideration as published by the Economic Advisor, DIPP,
Ministry of Commerce & Industry Government of India, NewDelhi.
Ps= Percentage of steel component of the work.
Note: For the application of this clause, index of mild steel long products / flats has
[Link].e.

Page 68 of 116
 either for long products or for flats shall be used as decided by the Employer/
Executing Agency.
Adjustment of Bitumen Component
(iv) Price Adjustment for increase or decrease is the cost of bitumen shall be paid in
accordance with the followingformula:
Vb= 0.85 X Pb / 100XRX( Bi – Bo) /Bo
Vb= Increase or decrease in the cost of work during the month under
consideration due to changes in rates forbitumen.
Bo= The official retail price of bitumen at the IOC depot nearest to the work
site on the day 28 days prior to the date of opening ofTechnicalBids.
Bi= The official retail price of bitumen at the IOC depot nearest to the work
site for the 15th day of the month underconsideration.
Pb= Percentage of bitumen component of thework.
Adjustment of POL (Fuel and Lubricant) Component
(V) Price adjustment for increase or decrease in cost of POL (Fuel and Lubricant)
shall be paid in accordance with the followingformula:
Vf= 0.85 X Pf / 100 X RX ( Fi– Fo) /Fo
Vf= Increase or decrease in the cost of work during the month under
consideration due to changes in rates for fuel and lubricants.
Fo= The official retail price of High Speed Diesel (HSD) at the
existingconsumer pumps of IOC nearest to the work site on the day 28
daysprior to the date of opening of TechnicalBids.
Fi = The official retail price of HSD at the existing consumer pumps of IOC
nearest to the work site for the 15th day of month under consideration.
Pf = Percentage of fuel and lubricants component of the work.
Note : For the application of this clause, the price of High Speed Diesel oil has been
chosen to represent fuel and lubricants group.
Adjustment for Plant and Machinery Spares component
( Vi) Price adjustment for increase or decrease in the cost of plant and machinery
spares procured by the Contractor shall be paid in accordance with the following
formula:Vp= 0.85X Pp / 100XRx( Pi – Po) / Po
Vp= Increase or decrease in the cost of work during the month under
consideration due to changes in rates for plant and machineryspares.
Po= The all India wholesale price index for manufacturer of machines for
mining / quarrying and construction on 28 days preceding the date of
opening of Technical Bids, as published by the Economic Advisor, DIPP,
Ministry of Commerce & Industry Government of India, NewDelhi.
Pi = The all India wholesale price index for manufacturer of machines for
mining / quarrying and construction for the month under consideration as
published by the Economic Advisor, DIPP, Ministry of Commerce &
Industry Government of India, NewDelhi.
Pp = Percentage of plant and machinery spares component of the work.
Note : For the application of this clause, index of manufacturer of machines for mining /
quarrying and construction has been chosen to represent the Plant and
Machinery Sparesgroup.
Adjustment of Other Materials Component.
( Vii) Price adjustment for increase or decrease in cost of local materials other than
cement, Steel, Bitumen and POL procured by the contractor shall be paid in
accordance with the following formula:

Page 69 of 116
 Vm= 0.85X Pm / 100XRX( Mi – Mo) /Mo
Vm= Increase or decrease in the cost of work during the month under
consideration due to changes in rates for local materials other than cement,
Steel, Bitumen andPOL.
Mo= The all India wholesale price index ( all commodities ) on 28 days
preceding the date of opening of Technical Bids, as published by the
Economic Advisor, DIPP, Ministry of Commerce & Industry Government
of India, NewDelhi.
Mi = The all India wholesale price index( all commodities) for the month under
consideration as published by the Economic Advisor, DIPP, Ministry of
Commerce & Industry Government of India, NewDelhi.
Pm = Percentage of local material component (other than Cement, Steel,
Bitumen and POL) of the work. Plant and Machinery spares component of
thework.
(Amended As per vide Govt. Order No. F-53-55-2018-19-Yo-1154 bhopal
dated 23-3-2018 )

The following percentages will govern the price adjustment for the entire
contract:

[Link]. Component Nature of Work

B.T. Road B.T. Rigid Bridge

Constructio Renewal Pavement Works
n Construction
1 2 3 4 5 6
1 Labour component-P1 10% 10% 10% 20%

2 Cement component -Pc 5% 0% 23% 15%

3 Steel component -Ps 5% 0% 12% 20%
4 Bitumen component-Pb 20% 30% 0% 0%
5 POL component -Pf 10% 10% 10% 10%
6 Plant & Machinery 5% 5% 5% 5%
Spares component -Pp
7 Other Materials 45% 45% 40% 30%
component-Pm

Note: Ordinarily the 7 components shown above are components of the civil
works. However for specific works in which some components not
included in the aforementioned 7 components, form a substantial part of
the works the same can be provided using similar formula and related
indices. In all cases the sum total of percentage of different components
shall be100%.

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

dated 28-3-2018 )

Page 70 of 116
 Annexure -S
(Seeclause32atSection3-GCC)

Bank Guarantee Form for Mobilization and Construction Machinery Advance

To,
[name ofEmployer]
[address ofEmployer]
[name ofContractor]

In accordance with the provisions of the General Conditions of Contract, clause 31

("Mobilization and Construction Machinery Advance") of the above-mentioned Contract
[name and address of Contractor] (hereinafter called "the
Contractor") shalldepositwith [name of Employer] a bank
guarantee to guarantee his proper and faithful performance under the said Clause of the Contract
in anamountof _ [amountofGuarantee] [in
words).

We, the [bank of financial institution], as

instructed by the Contractor, agree unconditionally and irrevocably to guarantee as primary
obligator and not as surety merely,thepavementto [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 amountnotexceeding [amount of
guarantee] [inwords).

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

the Contractor or Works to be performed thereunder or of any of the Contract documents which
may be made between [name of Employer) and the
Contractor, shall in any way release us from any liability under this guarantee, and we hereby
waive notice of any such change, addition ormodification.

This guarantee shall remain valid and in full effect from the date of the advance
payment under theContract until [name of Employer)
receives full repayment of the same amount from theContractor.

Yours truly,

Signature and Seal: -------------

Name ofBank/Financial Institution: _
Address:
Date: _

An amount shall be inserted by the Bank or Financial Institution representing the amount of the
Page 71 of 116
Advance Payment, and denominated in Indian Rupees.

Page 72 of 116
 Annexure-T
(Seeclause33ofSection3-GCC)

Bank Guarantee Form for Secured Advance

INDENTURE FOR SECURED ADVANCES

This indenturemadethe dayof 20_ BETWEEN__
(hereinafter called the contractor which expression shall where the context so admits or implies
be deemed to include his executors, administrators and assigns) or the one part and the Employer
of the otherpart.

Whereas by an agreement dated ………………….. (hereinafter called the said

agreement) the contractor has agreed.

AND WHEREAS the contractor has applied to the Employer that he may be
allowed advanced on the security of materials absolutely belonging to him and brought by him to
the site of the works the subject of the said agreement for use in the construction of
such of the works as he has undertaken to executive at rates fixed for the finished work
(inclusive of the cost of materials and labour and othercharges)

AND WHEREAS the Employer has agreed to advance to the Contractor the sum of
Rupees on the security of materials
the quantities and other particulars of which are detailed in Accounts of Secured Advance
attachedtotheRunningaccountBillforthesaidworkssignedbytheContractoron
…………………………………………. and the Employer has reserved to himself the option of
making any further advance or advances on the security of other materials brought by the
Contractor to the site of the said works.

Now THIS INDENTURE WITNESSETH that in pursuance of the said agreement

and in consideration of the sumofRupees on or before theexecution
of these presents paid to the Contractor by the Employer (the receipt where of the Contractor
doth hereby acknowledge) and of such further advances (if any) as may be made to him as a for
said the Contractor doth hereby covenant and agree with the President and declare as follows:
That the said sumofRupees so advanced by the Employerto

Page 73 of 116
(1) the Contractor as aforesaid ancj all or any further sum of sums advanced as aforesaid
shall be employed by the Contractor in or towards expending the execution of the said
works and for no other purposewhatsoever.

(2) That the materials details in the said Account of Secured Advances which have been
offered to and accepted by the Employer as security are absolutely the Contractor's own
propriety and free from encumbrances of any kind and the contractor will not make any
application for or receive a further advance on the security of materials which are not
absolutely his own property and free from encumbrances of any kind and the Contractor
indemnified the Employer against all claims to any materials in respect of which an
advance has be made to him asaforesaid.

(3) That the materials detailed in the said account of Secured Advances and all other
materials on the security of which any further advance or advances may hereafter be
made as aforesaid (hereafter called the said materials) shall be used by the Contractor
solely in the execution of the said works in accordance with the directions of the
Engineer.

(4) That the Contractor shall make at his own cost all necessary and adequate arrangements
for the proper watch, safe custody and protection against all risks of the said materials
and that until used in construction as aforesaid the said materials shall remain at the site
of the said works in the Contractor's custody and on his own responsibility and shall at all
times be open to inspection by the Engineer or any officer authorized by him. In the
event of the said materials or any part thereof being stolen, destroyed or damaged or
becoming deteriorated in a greater degree than is due to reasonable use and wear thereof
the Contractor will forthwith replace the same with other materials of like quality or
repair and make good the same required by theEngineer.

(5) That the said materials shall not be removed from the site of the said works except with
the written permission of the Engineer or an officer authorized by him on thatbehalf.

Page 74 of 116
(6) That the advances shall be repayable in full when or before the Contract receives
payment from the Employer of the price payable to him for the said works under the
terms and provisions of the said agreement. Provided that if any intermediate payments
are made to the Contractor on account of work done than on the occasion of each such
payment the Employer will- be at liberty to make a recovery from the Contractor's bill for
such payment by deducting there from the value of the said materials than actually used
in the construction and in respect of which recovery has not been made previously, the
value for this purpose being determined in respect of each description of materials at the
rates at which the amounts of the advances made under these presents werecalculated.

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

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

Page 75 of 116
 (a) Seize and utilize the said materials or any part thereof in the completion of the said
works on behalf of the contractor in accordance with the provision in that behalf
contained in the said agreement debiting the contractor with the actual cost of
effecting such completion and the amount due to the contractor with the value of
work done as if he had carried it out in accordance with the said agreement and at
the rates thereby provided. If the balance is against the contractor, he is to pay same
to the Employer ondemand.
(b) Remove and sell by public auction the seized materials or any part thereof and out of
the moneys arising from the sale retain all the sums aforesaid repayable or payable
to the Employer under these presents and pay over the surplus (if any) to the
Contractor.
(c) Deduct all or any part of the moneys owing out of the security deposit or any sum
due to the Contractor under the saidagreement.

(9) That except in the event of such default on the part of the contractor as aforesaid interest
on the said advance shall not bepayable.

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

Page 76 of 116
 Annexure -U
(Seeclause35ofSection3-GCC)

Physical Completion Certificate

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

Agreement No ...... .. : .................................... Date .................................. .

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

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

Used M B No.…………………………

Last measurement recorded

a. Page No.& MBNo.
b. Date

Certifiedthattheabovementionedworkwasphysicallycompletedon .................................(date)and
taken over on ……………………. (date) and that I have satisfied myself to best of myability
that the work has been done properly.
Date of issue
Executive Engineer,
PWD Division No. 1 Balaghat

Page 77 of 116
 Annexure - V

(See clause 35 of Section 3 -GCC)

Final Completion Certificate

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

Agreement No ...... .. : .................................... Date .................................. .

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

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

Used M B No.…………………………

Last measurement recorded

a. Page No.& MBNo.
b. Date

Certifiedthattheabovementionedworkwasphysicallycompletedon .................................(date)and
takenoveron .................................. (date)

Agreement amount Rs…………………………………….

Final Amount paid to contractor Rs…………………………..
Incumbency of officers for the work

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

Date of issue……………….

Executive Engineer,
PWD Division No. 1 Balaghat

Page 78 of 116
 Annexure -W
(Seeclause39ofSection3-GCC)
SALIENT FEATURES OF SOME MAJOR LABOURLAWS APPLICABLE
a) Workmen Compensation Act 1923: - The Act provides for compensation in case of
injury by accident arising out of and during the course ofemployment.
b) Payment of Gratuity Act 1972: - Gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed the
prescribed minimum years (say, five years) of service or more or on death the rate of
prescribed minimum days'(say, 15 days} wages for every completed year of service.
The Act is applicable to all establishments employing the prescribed minimum
number (say, 10) or moreemployees.
c) Employees P.F. and Miscellaneous Provision Act 1952: The Act Provides for monthly
contributions by the Employer plus workers at the rate prescribed (say, 10% or
8.33%). The benefits payable under the Actare:
i. Pension or family pension on retirement or death as the case maybe.
ii. Deposit linked insurance on the death in harness of theworker.
III. Payment of P.F. accumulation on retirement/deathetc.
d) Maternity Benefit Act 1951: - The Act provides for leave and some other benefits to
women employees in case of confinement or miscarriageetc.
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 Con1jactor is required to take license from the designated
Officer. The Act is applicable to the establishments or Contractor of Principal
Employer if they employ prescribed minimum (say 20) or more contractlabour.
f} Minimum Wages Act 1948: - The Employer is to pay not less than the Minimum
Wages fixed by appropriate Government as per provisions oftheActifthe employment is a
scheduled employment. Construction of buildings, roads, runways is
scheduledemployment.
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 promotionsetc.

Page 79 of 116
i) Payment of Bonus Act 1965: - The Act is applicable to all establishments employing
prescribed minimum (say, 20) or more workmen. The Act provides for payments of
annual bonus within the prescribed range of percentage of wages to employees
drawing up to the prescribed amount of wages, calculated in the prescribed manner.
The Act does not apply to certain establishments. The newly set-up establishments
are exempted for five years in certain circumstances. States may have different
number of employmentsize.
j) Industrial Disputes Act 1947: - The Act lays down the machinery and procedure for
resolution of industrial disputes, in what situations a strike or lock-out becomes
illegal and what are the requirements for laying off or retrenching the employees or
Closing down the establishment.•

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

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

I) 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 criminalliabilities.

m) Child labour (Prohibition &Regulation) Act 1986: - The Act prohibits employment
of children below 14 years of age in certain occupations and processes and provides
for regulations of employment of children in all other occupations and processes.
Employment of child labourisprohibited in building and constructionindustry.

n) Inter-State Migrant Workmen's (Regulation of Employment &Conditions of

Service) Act 1979: - The Act is applicable to an establishment which employs
prescribed minimum (say, five) or more inter-state migrant workmen through an
intermediary (who has recruited workmen in one state for employment in the
establishment situated in another state). The Inter-State migrant workmen, in an
establishment to which this Act becomes applicable, are required to be provided
certain facilities such as Housing, Medical-Aid, Travelling expenses from home up to
the establishment and backetc.
o) The Building and Other Construction workers (Regulation of Employment and
Conditions of Service) Act 1996 and the Cess Act of 1996: - All the establishments
who carryon any building or other construction work and employs the prescribed
minimum (say, 10) or more workers are, covered under this Act. All such
establishments are required to pay cess at the rate not exceeding 2% of the cost of
construction as may be modified by the Government. The Employer of the
establishment is required to provide safety measures at the building or construction
work and other welfare measures, such as canteens, first-aid facilities, ambulance,
housing accommodations for workers near the work place etc. The Employer to
whom the Act applies has to obtain a registration certificate from the Registering
Officer appointed by theGovernment.

Page 80 of 116
p) Factories Act 1948: - The Act lays down the procedure for approval of plans before
setting up a factory, health and safety provisions, welfare provisions, working hours,
annual earned leave and rendering information regarding accidents or dangerous
occurrences to designated authorities. It is applicable to premises employing the
prescribed minimum (say, 10) persons or more with aid of power or another
prescribed minimum (say, 20) or more persons without the aid of power engaged in
manufacturingprocess.

Page 81 of 116
 SECTION 3

Conditions of Contract

Part - II Special Conditions of Contract [SCC]

1) All concrete pavement work is required to be doneusing

a) Slip form paver equipped with electronicsensor
b) Fully computerized RMC plant of adequatecapacity
c) Mechanical arrangement fortexturing
2) The firm shall have to make adequate arrangement for proper regulation of traffic so
that no traffic plies on freshly laid PQC at least for 15 days and shall make adequate
arrangement for uninterrupted movement of traffic during the progress of work for
which no extra shall bepayable.
3) The list of key equipments and key personnel provided in the document is indicative.
However, the firm shall provide additional man power and machineries to complete
the work in stipulated time frame in accordance with relevantspecifications.

Page 82 of 116
 SECTION 4
BILL OF QUANTITIES (BOQ)

General Description of work:

………………………………………………………………………………………………………
………………………………………………………………………………………………………
…………………………….............................................................................................…………..
Probable Amount ofContract:
(Rs. In Figure) ……………………………………………………………………….……………
(Rs. In Words) …………………………………………………………………………………….

Particulars of Item of Amount Amount

S. Quantity Unit Rate Remarks
Work (in figure) (in words)
No.
I II III IV V VI VII VIII

As Per Schedule Attached

~
Total Amount (Rs. In Figure)

Total Amount([Link] Words) ……………………………………………………….

_

Executive Engineer,
PWD Division No. 1 Balaghat

Page 83 of 116
 SECTION 5
AGREEMENT FORM
AGREEMENT
This agreement, made on the ...................between Executive EngineerP.W.D. Division No. 1 Balaghat
---(name and address of Employer) (hereinafter called " theEmployer)and ....................... (nameand
address of contractor) hereinafter called "the Contractor" of the other part.

Whereas the Employer is desirous that the-------------------------------------------------------------

-------------------------------------(name and identification number of Contract) (hereinafter called "the
Works") and the ,Employer has accepted the Bid by the Contractor for the execution and completion of
such Works and the remedying of any defects therein, at a cost of Rs....................
NOW THIS AGREEMENT WITNESSED as follows:
1. In this Agreement, words and expression shall have the same meanings as are respectively
assigned to them in the conditions of contract hereinafter referred to and they shall be deemed
to form and be read and construed as part of thisAgreement.
2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter
mentioned, the Contractor hereby covenants with the Employer to execute and complete the
Works and remedy any defects therein in conformity in all aspects with the provisions of the
contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying the defects wherein Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the
manner prescribed by theContract.
4. The following documents shall be deemed to form and be ready and construed as part of this
Agreement viz.
i. letter ofAcceptance
ii. Contractor'sBid
iii. Condition of Contract: General andSpecial
iv. Contract Data v. Bid Data vi. Drawings
vii. Bill of Quantities and
viii. Any other documents listed in the Contract Data as forming part of theContract.
In witnessed whereof the parties there to have caused this Agreement to be executed the
day and year first beforewritten.
The CommonSealof was hereunto affixed in
the presenceof:
Signed, Sealed and Delivered by the said
in the presenceof:

Executive Engineer
PWD DN No. 1 Balaghat Binding Signature ofContractor

Page 84 of 116
Page 85 of 116
Page 86 of 116
Page 87 of 116
Page 88 of 116
Page 89 of 116
Page 90 of 116
Page 91 of 116
Page 92 of 116
Page 93 of 116
Page 94 of 116
Page 95 of 116
Page 96 of 116
Page 97 of 116
Page 98 of 116
Page 99 of 116
Page 100 of 116
Page 101 of 116
Page 102 of 116
Page 103 of 116
Page 104 of 116
Page 105 of 116
Page 106 of 116
Page 107 of 116
Page 108 of 116
Page 109 of 116
Page 110 of 116
Page 111 of 116
Page 112 of 116
Page 113 of 116
End of Bid Document

Page 110 of 110