AN ISO 9001 & 14001 COMPANY

TENDER DOCUMENT

NIT No: PCO/BBSR/806/172

FOR

Tender for execution of Miscellaneous works such as civil &

RCC works, sanitary & plumbing works, water proofing work,
false ceiling, Hand Railing work, Flooring work, GRC Jali work
etc. in Tribal museum at RourkelaONE project, Rourkela,
Sundergarh Dist., Odisha.

EXECUTING AGENCY
Engineering Projects (India) Limited
PCO, Bhubaneswar - Odisha
 INDEX

Sr. No. Of
Vol Description
No. Pages

1. Cover Page (Volume – I) 1

2. Notice Inviting Tender (NIT) 15
3. Affidavit for NIT (Annexure – A) 1
4. Letter of Undertaking 1
5. Form of Tender 2
6. Memorandum 2
7. Addendum To Instructions To 4
VOL - I Bidders
8. Special Instructions To Bidders For 1
E-Tendering
9. Bidder’s Information 2
10. Site visit declaration (Annexure-B) 1
11. Undertaking (Annexure-C) 1
12. Declaration (Annexure-D) 1
13. EMD BG Format (Annexure-E) 1
14. Banker’s Certificate/ Net Worth 1
Certificate (Annexure-F)
15. SDPBG Format (Annexure-G) 3
16. Additional Conditions of Contract 15
(ACC)
17. General Contract Conditions (GCC) 137
18. Appendix 1 & 2 67
19. Cover Page (Volume – II) 1
VOL - II Technical Specification 133
20.
21. Cover Page (Volume – III) 1
VOL - III
22. Price Bid 13
 AN ISO 9001 & 14001 COMPANY

TENDER DOCUMENT

NIT No: PCO/BBSR/806/172

FOR

Tender for execution of Miscellaneous works such as civil &

RCC works, sanitary & plumbing works, water proofing work,
false ceiling, Hand Railing work, Flooring work, GRC Jali work
etc. in Tribal museum at RourkelaONE project, Rourkela,
Sundergarh Dist., Odisha.

VOLUME – I

NIT, Addendum To Instructions To Bidders, Special Instructions To

Bidders For E-Tendering, Affidavit of NIT, Letter of Undertaking, Form of
Tender, Memorandum, Bidder Information, Annexures, ACC, GCC and
Appendix 1 &2
 ENGINEERING PROJECTS (INDIA) LTD.
(A Govt. of India Enterprise)
Contracts Division, Corporate Office, New Delhi

NIT No: PCO/BBSR/806/172 Date- 03.07.2024

NOTICE INVITING e‐ TENDER (NIT)

Tender for execution of Miscellaneous works such as civil & RCC works, sanitary &
plumbing works, water proofing work, false ceiling, Hand Railing work, Flooring work, GRC
Jali work etc. in Tribal museum at RourkelaONE project, Rourkela, Sundergarh Dist.,
Odisha.

Engineering Projects (India) Ltd., invites the online open e-Tenders on Percentage Rate
Basis on behalf of “Rourkela Smart City Limited, Rourkela” from the eligible
contractors/firms who fulfil the eligibility criteria as per the brief particulars of scope for the
“Tender for execution of Miscellaneous works such as civil & RCC works, sanitary &
plumbing works, water proofing work, false ceiling , Hand Railing work, Flooring work, GRC
Jali work in Tribal museum at RourkelaONE project, Rourkela, Sundergarh Dist., Odisha.” in
two bid system (Techno‐commercial bid & Price Bid) for the following works:

Tentative Project EMD(Rs.) Tender

Sr. Estimated Duration Fee
No. Name of Work Cost (Rs.)
(Excluding GST)

1. Tender for execution of Rs. Total work to be Rs. 2,75,701.00 Rs.

Miscellaneous works such as civil & 1,37,85,055.00 completed in 60 (Rupees Two 2360.00
RCC works, sanitary & plumbing (Sixty) Days, Lakhs Seventy
works, water proofing work, false Five Thousands
ceiling, Hand Railing work, Flooring Seven Hundred
work, GRC jali work etc. in Tribal One only)
museum at RourkelaONE project,
Rourkela, Sundergarh Dist., Odisha.

1.0 Scope of Work:

The brief scope of work included in this tender shall include execution of Miscellaneous
works such as civil & RCC works, sanitary & plumbing works, water proofing work, false

Sign and Stamp of Bidder Sign and Stamp of EPIL

 ceiling, Hand Railing work, Flooring work, GRC jali work etc. in Tribal museum at
RourkelaONE project, Rourkela, Sundergarh Dist., Odisha including all men, machinery and
materials required for completion of works. Apart from above, any other services not
covered above but required for completion of items at RourkelaONE project is included in
the scope of work. The quantities mentioned in Bill of Quantities attached is tentative only,
some of the quantities may or may not execute

2.0 Time schedule of Tender activities:

i Start Date & Time for Downloading of tender 08.07.2024 FROM 1800 Hrs
documents
ii Last Date & Time of Submission of Tenders 22.07.2024 at 1500 Hrs
(online & offline)
iii Date & Time of online opening of tender 23.07.2024 at 1100 Hrs
(Technical Bid)
iv Last date of submission of Pre Bid queries Up to 12.07.2024

3.0 Qualification Criteria:

Contractors/ Bidders who fulfill the following requirements are eligible to participate in this
tender. The joint ventures/ Consortium is not accepted.

A) Technical Criteria
i. The bidders must have experience of having successfully completed following similar
works during the last seven (7) years ending last day of the month previous to the one
in which applications invited should be either of the following:

a) Three similar works, each costing not less than or equal to FORTY PERCENT (40%) of
total cost put tender
OR
b) Two similar works, each costing not less than or equal to FIFTY PERCENT (50%) of
total cost put tender
OR
c) One similar work of costing not less than or equal to EIGHTY PERCENT (80%) of total
cost put tender

Similar works shall mean that the bidder should have experience in Completion of
building including Civil works, PH works etc.

Note- Bidder shall submit copies of Completion certificates along with LOA / LOI,
Contract agreement clearly mentioning the detail scope of work, value of work, date of
start, time as per LOI and actual date of completion and actual value of work
completed. The experience certificate in this regard should be issued by officer not
below the rank of Executive Engineer / Project Manager / Unit Officer. In case of

Sign and Stamp of Bidder Sign and Stamp of EPIL

 experience certificate issued by private firm, it should be supported with Form 26AS
duly certified by CA certificate.

• For arriving at cost of similar work, the value of work executed shall be brought to current
costing level by enhancing the actual value of work at simple rate of seven percent (7%)
per annum, calculated from the date of completion to the date of Bid opening.

• The cost of free issue materials shall not be included in the completion cost of works.

• The work completion experience certificates issued by any Government Organizations /

Semi Government Organizations / Autonomous Bodies / Municipal Bodies / Public
Limited Companies listed on BSE / NSE and private party shall be accepted for assessing
the eligibility of Sign and Stamp of Bidder Sign and Stamp of EPIL the tenderer. In case of
private party Income Tax Return File is to be submitted. However, the completion
certificates issued must be supported by work order/Agreement & completion
certificates.

(B) Financial Criteria

ii) Should have average annual financial turnover on works amounting at least 50% of
the estimated cost put to tender during the last three consecutive financial years
ending on 31.03.2023. Turnover certificate with balance sheets along with schedules
duly certified by a Chartered Accountant along with UDIN issued by ICAI is also to be
submitted.
iii) Should not have incurred any losses in more than two years during the immediate
last five consecutive financial years, ending 31.03.2023, Copies of Annual report
including therein balance sheet, statement of profit & loss for last 5 years along with
schedules duly Certificate from Chartered Accountant with UDIN issued by ICAI is
also to be submitted.

iv) Should have a Banker’s Certificate from a National / Schedule Bank of the amount
equal to 40% of the Estimated Cost put to tender (ECPT). The Banker’s Certificate or
should not have been issued earlier than Three (03) Months of last date of
submission of tender.
OR
Net worth Certificate of minimum 10% of the estimated cost put to tender issued by
certified Chartered Accountant with Unique Document Identification Number
(UDIN). The Net Worth certificate shall be of the last financial year ending on 31st
March 2023.

The Banker’s Certificate & Net worth Certificate shall be in the format prescribed in
Annexure-F.

Sign and Stamp of Bidder Sign and Stamp of EPIL

 v) Bidder has to submit undertaking regarding details of Constitution of firm/Company
along with the details of its directors as per enclosed Annexure-C. In case the bidder
fails to submit Constitution of firms with the bid along with the details of its firm
Directors as per Annexure-C their bid will be rejected.

vi) It is desired that the bidder visits the site before submitting the bid to assess the
Ground condition and working conditions at site. In case the bidder decides not to
visit site, they shall be responsible for all the consequences thereof. Bidder has to
submit a self-declaration with the bid in respect of the same.

vii) The Bidder should not be currently declared ineligible/ suspended/ blacklisted/
banned/ debarred by EPIL or by any Central/ State Govt. Department/Public
Undertaking or Enterprise of Central/ State Government and such ban should not be
in force at the time of submission of the bid or extended deadline for submission of
bid. Bidder has to submit a notarized self-declaration with the bid in respect of the
same that “(……Agency Name…) has not been currently declared ineligible/
suspended/ blacklisted/ banned/ debarred by EPIL or by any Central/ State Govt.
Department/ Public Undertaking or Enterprise of Central/ State Government and
such ban should not be in force at the time of submission of the bid or extended
deadline for submission of bid”.

Notwithstanding anything stated in tender, EPI reserves the right to assess the capabilities
and capacity of the tenderer to perform the contract, in the overall interest of EPl. In case,
tenderer's capabilities and capacities are not found satisfactory, EPI reserves the right to
reject the tender. The credentials of the Bidders with respect to Technical & Financial
criteria shall be verified and inspection of the works, if required, to be carried out by EPI. If
not found satisfactory by EPI, their bid will be considered non-responsive and rejected.

4.0 For Promotion of Public Procurement (Preference to Make in India) order 2017 (Revised
Order dated 16.09.2020) GOI Guideline for procurement, the equivalent Indian makes of
materials conforming to requisite quality in addition to List of Makes/ Brands may be
considered subject to approval of Client/ Engineer. Also “local supplier/ bidder at the time
of tendering, bidding or solicitation shall be required to provide self‐certification in his letter
head that the item offered meets the minimum local content and shall give the details of
the location(s) at which the local value addition is made”.

5.0 The credentials of the Bidders with respect to Technical & Financial criteria shall be verified
and inspection of the works, if required, to be carried out by EPI. If not found satisfactory by
EPI, their bid will be considered non-responsive and rejected.

6.0 Evaluation of the bidders:

Sign and Stamp of Bidder Sign and Stamp of EPIL

 Evaluation of the Bidders shall be subject to through verification of their documents related
with credentials, BG and Bankers Certificate or Net-worth certificate and inspection of
similar type works carried out/ in progress by them, through a Technical Committee of
experts to be constituted by EPIL.

7.0 Tender documents comprising of the following are available for download/Procure and
submission on CPP Portal: https://etenders.gov.in/eprocure/app and available for reference
on the websites of EPI: www.engineeringprojects.com.

Vol. I a) Notice Inviting Tender,

b) Affidavit for NIT (Annexure – A),
c) Letter of Undertaking,
d) Form of Tender,
e) Memorandum,
f) Instructions to Tenderers,
g) Addendum To Instructions To Tenderers,
h) Special instructions to Bidders for e-Tendering,
i) Bidder Information,
j) Bank Details,
k) Site Visit Declaration (Annexure-B),
l) Undertaking (Annexure-C),
m) Local Content Declaration (Annexure-D),
n) Proforma For Bank Guarantee In Lieu Of Earnest Money Deposit
(Annexure-E),
o) Banker’s Certificate/ Net Worth Certificate (Annexure-F),
p) Proforma For Security Deposit Cum Performance Guarantee
(Annexure-G),
q) Additional Conditions of Conditions (ACC),
r) General Conditions of Conditions (GCC) and
s) Bidder Registration and Bid Submission Module.
Vol. II Technical Specifications and Drawings
Vol. III Price Bid & Bill of Quantities

8.0 An attested copy of power of attorney/ affidavit/ Board Resolution executed as under shall
accompany the ‘Tender Documents’.

a) In case of Sole Proprietorship, an affidavit of Sole Proprietorship and if the tender is

signed by any other person Power of Attorney by the Sole Proprietor in favour of
signatory.
b) In case of Partnership, if document is not signed by all the partners, Power of Attorney
in favour of the Partner/person signing the documents authorizing him to sign the
documents. The person signing the documents should also have a specific authority to
refer disputes with the partnership firm to arbitration.

Sign and Stamp of Bidder Sign and Stamp of EPIL

 c) In case of Company, copy of the Board Resolution authorizing the signatory to sign on
behalf of the Company.

The tenderer shall furnish the name (s) and designation of relative (s) if any, employed by
EPI.

9.0 In order to participate, the bidder should have Digital Signature Certificate (DSC) from one
of the authorized Certifying Authorities. Interested bidders have to enrol themselves in CPP
Portal: https://etenders.gov.in/eprocure/app to participate in the bidding under this
invitation for bids. Also, Tender documents comprising of the following are available on the
website of EPI: www.epi.gov.in & CPP Portal: https://etenders.gov.in/eprocure/app

For any technical related queries please call at 24 x 7 Help Desk Number
0120-4001 002, 0120-4001 005, 0120-6277 787
International Bidders are requested to prefix +91 as country code
Technical - [email protected]
Policy Related - [email protected]

They may obtain further information regarding this tender from Inviting Authority at the
address given in NIT from 10:00 hours to 17:00 hours on all working days till the last date of
online submission of Bidding Documents. No special character like! @, #, $, %, &, *, _ to be
include while saving the file/uploading.

For proper uploading of the bids on the portal namely CPP Portal:
https://etenders.gov.in/eprocure/app (hereinafter referred to as the ‘portal’), it shall be the
sole responsibility of the bidders to apprise themselves adequately regarding all the relevant
procedures and provisions as detailed at the portal as well as by contacting
https://etenders.gov.in/eprocure/app directly, as and when required, for which contact
details are mentioned above. The EPI in no case shall be responsible for any issues related to
timely or properly uploading/ submission of the bid in accordance with the relevant
provisions of Section Instruction to Bidders of the Bidding Documents.

10.0 Bidders including MSME bidders can download the bid document from the portal
without registering or paying document fees; however, interested bidders have to pay
tender fees for participating in the tendering and submitting the bid. Rs. 2,360.00 (Rupees
Two Thousand Three Hundred Sixty only). The tender fee is inclusive of GST @ 18% and is
non‐refundable. The bidders have to submit, the scanned copy of Tender fee receipt after
depositing the tender fee online through RTGS/ NEFT in EPI’s Bank Account (as mentioned
Below) along with the online bid.

Bank: Indian Overseas Bank:

Name of Branch: IOB, Sahid Nagar

Sign and Stamp of Bidder Sign and Stamp of EPIL

 IFSC Code: IOBA0000873
Name of A/c Holder: EPI LTD
A/C Number: 087302000001168
Account Type: Current

Note: It is to be noted that being a “Works Contract” MSE benefits are not applicable.
Hence all bidders have to pay tender fees and EMD of requisite amount as specified in the
tender. If the offer is received without requisite Tender Fee and EMD shall be summarily
rejected.

11.0 E‐Bids must be submitted/ uploaded along with scanned copies of relevant documents
pertaining to Clause no. 3.0 & Clause no. 28.0 under Single Stage Two Envelope Bidding
Procedure on the CPP portal on or before last date and time of online bid submission. Late
bids will not be accepted. Under the above procedure, only the first envelope (Technical
Part) shall be opened in the presence of the bidders’ representatives who choose to attend
in person at the address given below on schedule date and time of bid opening or may be
viewed by the bidders by logging in to the portal as per features available to them. Second
envelope i.e. Price part shall be opened of technically qualified bidders.

The bid must be accompanied by an Earnest Money Deposit (EMD) of Rs. 2,75,701.00
(Rupees Two Lakh Seventy Five Thousand Seven Hundred One only). This can be either in
the form of Insurance Surety Bond or Account Payee Demand Draft or Fixed Deposit Receipt
or Banker’s cheque or Bank Guarantee of any Nationalized Bank/ Scheduled Bank/
Commercial bank as per the enclosed format or payment online in an acceptable form for
the full amount of EMD payable favouring “Engineering Projects (India) Limited” payable at
Bhubaneswar. The EMD shall be valid for minimum period of 150 days (One hundred fifty)
from the last day of submission of tender. The earnest money (if any) will be forfeited
without any prejudice to any right or remedy, in case the Bidder withdraws his offer(s)
during the validity period or in case he changes his offer to his benefits, which are not
acceptable to EPI.

The scanned copy of Bid security as mentioned in the NIT (Insurance surety bond, Bank
Guarantee, DD, Bankers Cheque etc.) shall be submitted by the bidders with their online bid.
Preferably, Original physical form of EMD shall be submitted before the final extended bid
due date and time but not later than 5 (five) calendar days from final extended bid due
date and time. In case the EMD/Bid security in original physical form does not reach EPIL
within the above cutoff date, their bid shall be rejected and not considered for future
evaluation, irrespective of their status/ ranking in tender and notwithstanding the fact that
a copy of EMD/Bid security was earlier uploaded by the bidder on the mentioned Portal
(online bid).

In case EMD/Bid security is submitted through net banking, submission of Original physical
form of EMD / Bid Security within the bid due date shall not be required. However,

Sign and Stamp of Bidder Sign and Stamp of EPIL

 transaction details / proof of submission of EMD / bid security through net banking shall
be uploaded in designated place in Tendering Portal (Online).

The validity of offer(s) submitted by Tenderer shall be ninety (90) days from the last date
of submission of the Tender. The validity period may be extended on mutual consent.

Note: BG should be submitted with Structured Finance Managing System (SFMS) issued
by beneficiary bank.

12.0 The EMD of the successful bidder will be discharged after the contractor has furnished the
required acceptable performance guarantee No interest shall be paid by EPI on the EMD.

EMD may be forfeited:

a) If the bidder withdraws the bid after bid opening during the period of validity;
b) Any unilateral revision in the offer made by the tenderer during the validity of the
offer.
c) If the contractor hides/ withholds (or does not disclose) any material information up
on non-acceptance of LOI/ LOA, if and when placed.
d) If any bidder furnishes any incorrect or false statement/ information/ document.
e) If the bidder does not intimate the names of persons who are working with him in any
capacity or are subsequently employed by him who are near relatives to any officers
of EPI and/ or name of bidder’s near relative who is posted in the project office/
concerned office of EPI.

f) Return of EMD:
The EMD of all unsuccessful tenderers (i.e. except evaluated lowest tenderer) shall be
returned within Seven (7) days of the opening of price bids by EPI. Subject to clause
no. 7.6 of GCC, EMD of the successful bidder should be returned after receipt of
Security Deposit cum Performance Guarantee by him. EMD of successful tenderer, if
deposited in the form of Demand Draft shall be treated as part of retention Money

13.0 The Terms & Conditions contained in this NIT and tender documents shall be applicable. No
deviation shall be allowed from the terms and conditions stipulated in the ‘Tender
Documents’ and tender containing deviations are liable to be rejected. In case of any
unscheduled holiday, falling on the last day of submission of tender, the next working day
will be treated as scheduled day and time for submission of Tender.

14.0 The rates quoted by the bidder shall be firm and fixed for the entire period of completion
and till handing over of the work. No revision to rates or any escalation shall be allowed on
account of any increase in prices of materials, labour, POL and Overheads etc during the
entire contract period or extended contract period.

Sign and Stamp of Bidder Sign and Stamp of EPIL

15.0 The corrigendum or addendum, extension, cancellation of this NIT, if any, shall be hosted on
the EPI’s website/ CPP portal https://etenders.gov.in/eprocure/app the bidders are required
to check these websites regularly for this purpose, to take into account before
uploading/submission of tender. All Corrigendum and addendum are to be uploaded duly
signed & stamped with tender documents as bid Annexure.

16.0 The price bid of those bidders whose bid has been technically accepted on the basis of
documents submitted and confirmations of Credentials & BGs are received from the
concerned department/bank shall be opened with prior intimation to them. The offer of the
L-1 bidders shall be accepted subject to the confirmation of authenticity of the PQ
documents/BG from the concerned department/bank.

17.0 EPI reserves the right to extend the date of submission of the tender or cancel the tender or
accept any tender or reject any or all tenders or split the work of tender or annul this
tendering process without assigning any reason and liability whatsoever and to re‐invite
tender at its sole discretion even if an applicant may satisfy eligibility criteria. There will be
no public tender opening. However, selected tenderers may be called for discussions/
clarifications after the tenders have been scrutinized.

18.0
a) In case of tie-tender, where two firms are bidding lowest, EPI reserves the right to
split the work among these bidders and / or EPI will reserve the right to award the
tender to any one of such bidder. Even after opening of tenders EPI may enter into
agreement with more than one party or may enter into agreement for part of the
total work included in the tender. In such an event, the contractor shall not be
allowed to revise upward their quoted rates.

b) EPI reserves the right to delete any item while awarding the work.

19.0 Bidders to use as much as possible the material / services from MSME. Contractors to use as
much as possible, the material/service from MSEs & Local suppliers/ Manufacturers for
promotion of Make in India. For Promotion of Public Procurement (Preference to Make In
India) order 2017 (amended on 28.05.2018) GOI Guideline for procurement, the equivalent
Indian makes of materials conforming to requisite quality in addition to List of Makes/
Brands may be considered subject to approval of Client/ Engineer.

All the bidders (Class –I local supplier, Class-II local Supplier, Non-Local Supplier) shall
provide the percentage of local content in their bid as per Annexure-D irrespective of
whether they are availing or not availing purchase preference under public procurement
(Preference to Make in India) Policy.

Sign and Stamp of Bidder Sign and Stamp of EPIL

20.0 In case of any discrepancy between the downloaded tender documents from the website
and the uploaded copy by the tenderer, the tender documents appearing in the website
being uploaded by EPI with the tender shall hold good for contractual as well as legal
purposes. The tenderer shall furnish a declaration to this effect that “no
addition/deletion/corrections have been made in the downloaded tender document being
uploaded by him and it is identical to the tender document appearing on the Website. In
case of any discrepancy between the downloaded tender documents from the website
and the uploaded copy by me/us, the tender documents appearing in the website being
uploaded by EPI with the tender shall hold good for contractual as well as legal purposes”.

21.0 All prospective MSME bidders are requested to get themselves registered on TReDS
platform (www.rxil.in) to avail payment benefits.

22.0 The tenderer must carefully inspect and examine the site and its surrounding and
completely satisfy himself before submitting tender as to the nature of the ground, form
and the nature of the site, over ground or underground utilities or services which may
hinder the progress, means of access to the site, the accommodation he may require and in
general shall himself obtain all necessary information to risks, contingencies and other
circumstances which may influence or effect the tender. A tenderer shall be deemed to
have full knowledge of the site whether he inspects it or not and also of the conditions and
specifications. The bidder shall submit Site visit declaration (Annexure –B) for the same.

In case bidder decides not to visit site, Bidder has to submit a self-declaration with the bid in
respect of the same declaring that “they shall be responsible for all the consequences
thereof”

23.0 Bidder must submit documentary evidence of having formally certified skilled workforce or
commitment by the bidders/ service providers to the effect that they would ensure that all
their workers would be skilled through Recognition of Prior Learning (RPL) within two
months from the date of commencement of work under the project, at the cost of service
provider/vendor. In case, If the bidder doesn’t have certificate skilled workforce through
Recognition of Prior Learning (RPL) till last date of submission of bid then at the time of
submission of tender the bidder should submit self-certified Undertaking that bidder shall
provide the skilled workers through Recognition of Prior Learning (RPL) within two months
from the date of commencement of work under the project.

24.0 In the event of award of work, the successful tenderer must furnish Security Deposit/all
Guarantees (wherever applicable) as specified in ‘Tender Documents’ within the time
specified in the letter communicating acceptance of his offer failing which the Earnest
Money Deposit will be forfeited.

Sign and Stamp of Bidder Sign and Stamp of EPIL

 25.0 Submission of a tender by the tenderer implies that he has read the complete contract
documents and has made himself aware of the scope, terms & condition and specifications
of the work to be done and of conditions at which stores, tools, plant etc. will be issued to
him by EPI, if any, local conditions and political situations and other factors having bearing
on the execution of the works. No claim of contractor whatsoever, within the purview of
this clause, shall be entertained at any stage of the project.

26.0 In case of abnormally low bid EPI may seek written clarifications from the bidder including
detailed price/rate analysis, time schedule etc. After evaluation of the aforesaid clarification
documents, EPI in order to ensure performance of the contract, may:

a) Obtain undertaking from the bidder instead of additional performance security, to

safeguard EPI interest.
b) Reject the bid/ proposal upon not being satisfied with the documents submitted or
upon failure to submit aforesaid undertaking by the bidders.

The decision of EPI on identification of Abnormally Low Bids (ALBs) shall be final and binding
on the bidder. In case the bidder doesn’t agree to the identification of ALB or to submit
aforesaid undertaking before award of the contract, EPI reserves the right to suspend the
bidder in terms of bid security declaration given by the bidder. The above shall be read in
conjunction with clause No. 9.2 of GCC.

27.0 Disqualification
The tenderers may note that they are liable to be disqualified and not considered for the
opening of Price Bid if;

a) Non-Submission of Tender Fee and EMD as per NIT Condition.

b) Representation in the forms, statements and attachments submitted in the pre-

qualification document are proved to be incorrect, false and misleading.

c) EPI reserves its right to take appropriate action including disqualification of tenderer(s) as
may be deemed fit and proper by EPI at any time without giving any notice to the Bidder
in this regard. The decision of EPI in the matter of disqualification shall be final and
binding on the Bidders.

d) If bidder have submitted incompletely filled in formats without attaching certified

supporting documents and credentials to establish their eligibility to participate in the
Tender.

e) If the tenderers attempt to influence any member of the committee. EPI reserves its right
to take appropriate action including disqualification of tenderer(s) as may be deemed fit

Sign and Stamp of Bidder Sign and Stamp of EPIL

 and proper by EPI at any time without giving any notice to the contractor in this regard.
The decision of EPI in the matter of disqualification shall be final and binding on the
tenderers.

f) If documents are not uploaded by the bidder as per instructions/due to special characters
while saving files the files are unable to download the bids will be disqualified.

g) The Bidder is expected to examine all instructions, forms, terms and specifications in the
bidding documents. Failure to furnish all information required by the bidding documents
or submission of a bid not substantially responsive to the bidding documents in every
respect will be at the bidder’s risk and may result in the rejection of its bid.

h) In case of existing contractors of EPI, if progress is not satisfactory in any of the project
their bid will be rejected.

i) The credentials of the Bidders with respect to Technical & Financial criteria shall be
verified and inspection of the works, if required, to be carried out by EPI. If not found
satisfactory by EPI, their bid will be considered non-responsive and rejected.

j) Currently (till the last date of bid submission of the tender or till the last date of extended
tender) they have record of poor performance such as abandoning the work, rescinding
of contract for which the reasons are attributable to the non-performance of the
contract, inordinate delay in completion, consistent history of litigation / arbitration
awarded against the contractor or any of its constituents or financial failures due to
bankruptcy etc. in their on-going / past projects.

k) In case, any documents, information and/or certificate submitted by tenderer is found to

be incorrect/false/fabricated or the tenderer has breached the terms and condition of
integrity pact, EPI at its discretion may disqualify/reject/terminate the tenderer, forfeit
the EMD and the tenderer shall also be liable to be suspended/debarred for a period
which shall not be less than one year extending till maximum for a period of 3 years.

Note: If any tenderer withdraws his tender before the said period or issue of letter of
acceptance/intent, whichever is earlier, or makes any modifications in the terms and
conditions of the downloaded tender which are not acceptable to the EPIL, then the EPIL
shall, without prejudice to any other right or remedy, be at liberty to forfeit entire
amount of Earnest Money as aforesaid.

28.0 Bidder shall submit the following documents (A & B) duly signed with date and
stamped a part of Technical bid online. Only Online mode will be accepted for tender
submission. No documents are required to be submitted offline by the bidders. Bidder
has to upload all the relevant certificates regarding PQ criteria (Clause 3.0) and Clause

Sign and Stamp of Bidder Sign and Stamp of EPIL

 28.0 for qualifications with the tender, only uploaded documents will be considered for
qualification.

A. Essential Required Documents:

a) Document evidence with regard to tender fees and EMD payment (In case bidder has
submitted BG for EMD, a copy of SFMS shall also to be submitted along with BG as
per Clause no. 11.0 of NIT).
b) Details of similar works executed along with completion certificate & copy of Work
order for qualification as per PQ criteria.
c) Letter of Undertaking.
d) Notarized Power of Attorney.
e) Affidavit of NIT (Annexure-A)
f) Copy of Banker’s Certificate or Net Worth Certificate as per format.

B. Other Required Documents:

a) Site Visit Declaration (Annexure-B)
b) Undertaking regarding Constitution of Firm/ Company (Annexure-C)
c) Covering letter for participation in Bid with Bid name, number with All Corrigendum
and addendum (if any).
d) List of works executed during the last 5 years indicating name of the Client, value,
date of start and completion date.
e) List of works under execution indicating name of the Client, Total Contract Value,
Value of balance work in hand, date of start and completion.
f) CA certified Annual Reports including Audited balance sheets, Financial Turnover and
profit and loss accounts along with schedules for the last 5 years upto31.03.2023
with UDIN issued by ICAI is to be submitted.
g) CA certified No Loss and Turn over certificate with UDIN issued by ICAI
h) Local Supplier Content certificate (Annexure-D) and Documentary evidence for
certified skilled workforce as per Clause No. 23.0
i) Declaration in Letter Head in accordance to Clause no. 20.0 of this NIT for no
addition/deletion/ corrections in the downloaded tender document.
j) A notarized self-certification by bidder in accordance to Clause no. 3.0 (B) (viii) of this
NIT for not blacklisted/ debarred & reprimanded.
k) Form of Tender
l) Registration Certificate/Memorandum and Articles of Association/ Partnership Deed
/Affidavit as proof of the organization set up.
m) Details of manpower and equipment/plant machinery available with Bidder.
n) Copy of valid PF Registration No.
o) Memorandum
p) Bidder Information with banker details as per the format.
q) Copy of PAN Card and GST Registration Certificate.

Sign and Stamp of Bidder Sign and Stamp of EPIL

29.0 Bidders may obtain further information regarding this tender at the address given below
from 10:00 hours to 17:00 hours on all working days till the last date of online submission of
Bidding Documents.

Deputy General Manager (T)

(Contracts Division)
Engineering Projects (India) Ltd. (PCO, Bhubaneswar)
3rd Floor, Plot no. 108,
Unit-7, Surya nagar,
Bhubaneswar – 751003,
ODISHA
E-mail : [email protected]

30.0 Only Online mode will be accepted for tender submission. The bidders have to submit, the
scanned copy of Tender fee receipt after depositing the tender fee online in EPI’s Bank
Account along with the online bid. Also, the scanned copy of Earnest Money Deposit (EMD)
as mentioned in the NIT (Insurance Surety Bond, Bank Guarantee, DD, Bankers Cheque etc.)
shall be submitted by the bidders along with their online bid. However, Original physical
form of EMD shall be submitted before the final extended bid due date and time but not
later than 5 (five) calendar days from final extended bid due date and time. In case the
EMD/Bid security in original physical form does not reach EPIL within the above cutoff date,
their bid shall be rejected and not considered for future evaluation, irrespective of their
status / ranking in tender and notwithstanding the fact that a copy of EMD/Bid security was
earlier uploaded by the bidder on the mentioned Portal (online bid).

In case EMD/Bid security is submitted through net banking, submission of Original physical
form of EMD / Bid Security within the bid due date shall not be required. However,
transaction details / proof of submission of EMD / bid security through net banking shall be
uploaded in designated place in Tendering Portal (Online).

31.0 Post tender clarification shall be governed as per clause no. 79.0 of GCC. However, no
clarification will be sought in case of non-submission of Tender Fee and EMD of requisite
amount or unconditional letter of acceptance or Affidavit for correctness of
document/information or Power of Attorney or Net worth/banker’s certificate as per
format. In such case the bidder shall be rejected summarily without seeking any further
clarification/documents.

32.0 Contact details for site releated Queries / Visit:

Shri Abdul Aleem,

General Manager,
Mobile No-9935064977
Engineering Projects (I) Limited,

Sign and Stamp of Bidder Sign and Stamp of EPIL

 RourkelaONE project, Near Hockey Chowk,
Civil Township, Rourkela.
Email Id: [email protected]

For more information on EPI, visit our website at: http://www.epi.gov.in

For more information on the e‐tender visit website https://etenders.gov.in/eprocure/app

Sign and Stamp of Bidder Sign and Stamp of EPIL

 Annexure - A

AFFIDAVIT
(To be submitted by bidder on non-judicial stamp paper of Rs.100/-(Rupees Hundred only)
duly attested by Notary Public)

Affidavit of Mr ------------------ So ------------- R/o -------------------.

I, the deponent above named do hereby solemnly affirm and declare as under :

1. That I am the Proprietor/Authorized signatory of M/s …………having its Head / Regd.

Office at………………………..

2. That the information / documents/Experience certificates submitted by M/s ……………

along with the tender for …………….. (Name of work)…. To EPI are genuine, true and
nothing has been concealed.

3. I shall have no objection in case EPI verifies them from issuing authority (ies). I shall
also have no objection in providing the original copy of the document (s), in case EPI
demand so for verification.

4. I hereby confirm that in case, any document, information & / or certificate submitted
by me found to be incorrect / false / fabricated, EPI at its discretion may disqualify
/reject/ terminate the bid / contract and also forfeit the EMD / All dues.

5. I shall have no objection in case EPI verifies any or all Bank Guarantee(s) under any of
the clause (s) of Contract including those issued towards EMD and Performance
Guarantee from the Zonal Branch / office issuing Bank and I / we shall have no right
or claim on my submitted EMD before EPI receives said verification.

6. That the Bank Guarantee issued against the EMD issued by (name and address of the
Bank) is genuine and if found at any stage to be incorrect / false/ fabricated, EPI shall
reject my bid cancel pre-Qualification and Debar me from Participating in any future
tender for three years.

I, -----------, the Proprietor / Authorised signatory of M/s ------------ do hereby confirm that
the contents of the above Affidavit are true to my knowledge and nothing has been
concealed there from -------- and that no part of it is false.
Verified at -------------------------------- this --------------- day of -----------------

DEPONENT

ATTESTED BY (NOTARY PUBLIC)

Sign and Stamp of Bidder Sign and Stamp of EPIL

 LETTER OF UNDERTAKING
(To Be Enclosed In Letter Head)

To,

CONTRACTS DIVISION
ENGINEERING PROJECTS (INDIA) LTD.
PCO- Bhubaneswar

REF: Tender for execution of Miscellaneous works such as civil & RCC works, sanitary &
plumbing works, water proofing work, false ceiling, Hand Railing work, Flooring work, GRC
Jali work etc. in Tribal museum at RourkelaONE project, Rourkela, Sundergarh Dist.,
Odisha

NIT No: PCO/BBSR/806/172 Date- 03.07.2024

Sir,
UNDERTAKING FOR ACCEPTANCE OF TENDER CONDITIONS

1. The Tender Documents for the workas mentioned in “Memorandum” to “Form of

Tender” have been issued to us by ENGINEERING PROJECTS (INDIA) LIMITED and we
hereby unconditionally accept the tender conditions and Tender Documents in its
entirely for the above work.

2. The contents of clause 1.2 and 1.3 of the Tender Documents (Instructions to
Tenderers) have been noted wherein it is clarified that after unconditionally
accepting the tender conditions in its entirety, it is not permissible to put any
remarks(s) / condition(s) (except unconditional rebate on price, if any) in the ‘Price-
Bid’ enclosed in “Envelope-2”and the same has been followed in the present case. In
case this provision of the Tender is found violated at any time after opening
“Envelope-2”, We agree that our tender shall be summarily rejected and EPI shall,
without prejudice to any other right or remedy be at liberty to forfeit the full said
Earnest Money absolutely.

3. The required document/Certificate/Declaration for this work is enclosed herewith.

Yours faithfully,

(Signature of the Tenderer)

Seal of Tenderer

Dated:

Sign and Stamp of Bidder Sign and Stamp of EPIL

 FORM OF TENDER
(To Be Enclosed In Letter Head)

To,

CONTRACTS DIVISION
ENGINEERING PROJECTS (INDIA) LTD.
PCO- Bhubaneswar

REF: Tender for execution of Miscellaneous works such as civil & RCC works, sanitary &
plumbing works, water proofing work, false ceiling, Hand Railing work, Flooring work, GRC
Jali work etc. in Tribal museum at RourkelaONE project, Rourkela, Sundergarh Dist.,
Odisha

NIT No: PCO/BBSR/806/172 Date- 03.07.2024

1. We hereby tender for execution of work as mentioned in “Memorandum” to this “Form

of Tender” as per Tender Documents within the time schedule of completion of work as
per separately signed and accepted rates in the Bill of Quantities quoted by us for the
whole work in accordance with the Notice Inviting Tender, Conditions of Contract,
Specifications of materials and workmanship, Bill of Quantities Drawings, Time
Schedule for completion of jobs, and other documents and papers, all as detailed in
Tender Documents.

2. It is agreed that the time stipulated for jobs and completion of work in all respects and in
different stages mentioned in the “Time Schedule for completion of jobs” and signed
and accepted by us is the essence of the contract. We agree that in case of failure on
my/our part to strictly observe the time of completion mentioned for jobs and the final
completion of work in all respects according to the schedule set out in the said “Time
schedule for completion of jobs” and stipulations contained in the contract, the recovery
shall be made from us as specified therein. In exceptional circumstances extension of
time which shall always be in writing may, however be granted by EPI at its entire
discretion for some items, and We agree that such extension of time will not be counted
for the final completion of work as stipulated in the said “Time schedule of completion
of jobs”.

3. We agree to pay the Security Deposit /Retention money, Performance Guarantee and
accept the terms and conditions as laid down in the “Memorandum” to this “Form of
Tender”.

4. Should this Tender be accepted, We agree to abide by and fulfill all terms and conditions
referred to above and as conditioned in Tender Documents elsewhere and in default
thereof, allow EPI to forfeit and pay EPI, or its successors or its authorized nominees
such sums of money as are stipulated in the Tender Documents.

Sign and Stamp of Bidder Sign and Stamp of EPIL

 5. We hereby pay the earnest money amount as mentioned in the “Memorandum” to this
“Form of Tender” in favour of Engineering Projects (India) Limited payable at place as
mentioned in the “NIT/ITT”.

6. If we fail to commence the work within 10 days of the date of issue of Letter of intent
and / or We fail to sign the agreement as per Clause 84 of General Conditions of
Contract and/or We fail to submit Performance Guarantee as per Clause 9.0 & 9.1 of
General Conditions of Contract, We agree that EPI shall, without prejudice to any other
right or remedy, be at liberty to cancel the Letter of Intent and to forfeit the said earnest
money as specified above.

7. We are also enclosing herewith the Letter of Undertaking on the prescribed proforma as
referred to in condition of NIT.

Date the __________________________ day of ____________________________

SIGNATURE OF TENDERER ---------------------------------------------------------------------------

NAME (CAPITAL LETTERS):
OCCUPATION ---------------------------------------------------------------------------
ADDRESS ----------------------------------------------------------------------------
----------------------------------------------------------------------------

SEAL OF TENDERER

Sign and Stamp of Bidder Sign and Stamp of EPIL

 MEMORANDUM
(TO BE ENCLOSED IN LETTER HEAD)

REF: Tender for execution of Miscellaneous works such as civil & RCC works, sanitary &
plumbing works, water proofing work, false ceiling, Hand Railing work, Flooring work, GRC
Jali work etc. in Tribal museum at RourkelaONE project, Rourkela, Sundergarh Dist.,
Odisha

NIT No: PCO/BBSR/806/172 Date- 03.07.2024

S.
Description Values/Description to be applicable for relevant clause (s)
NO.
i. Name of work Tender for execution of Miscellaneous works such as civil &
RCC works, sanitary & plumbing works, water proofing
work, false ceiling, Hand Railing work, Flooring work, GRC
Jali work etc. in Tribal museum at RourkelaONE project,
Rourkela, Sundergarh Dist., Odisha.
ii. Client Rourkela Smart City Limited, Rourkela

iii. Type of Tender Percentage Rate Basis

iv. Earnest Money Deposit Rs. 2,75,701.00

v. Estimated Cost Rs. 1,37,85,055.00 (Excluding GST)
vi. Time for completion of Total work to be completed in 60 (Sixty) Days from date of
work issue of letter of commencement.
vii. Mobilization Advance As per ACC Cl.No.5.
viii. Interest Rate on As per ACC Cl.No.5.
Mobilization Advance
ix. Number of Installments As per ACC Cl.No.5.
for recovery of
Mobilization Advance
x. Schedule of Rates Market Rate
applicable
xi. Validity of Tender 90 days from the last date of submission of bid
xii. Security Deposit cum 5% (Five Percent only) of the contract value of the
Performance Guarantee accepted tender within 21 (twenty-one) days from the date
of issue of Purchase Oder (PO)/ Letter of intent (LOI). lf
required, any extension of time beyond 21 days and up to
60 days may be granted by the Competent Authority.
However, a penal rate of interest @ 12% per annum shall
be charged for the delay in submission of Security Deposit
after 21 (twenty-one) days i.e. from 22nd day to the date
of submission of Security Deposit but within 60 days after
the date of issue of PO/ LOl. Further, if 60th day happens

Sign and Stamp of Bidder Sign and Stamp of EPIL

 to be declared holiday in the concerned office of EPl,
submission of Security Deposit can be accepted on the next
working day.
The SDPG shall be submitted in the form of Bank
Guarantee (format enclosed), from any Nationalized bank /
Scheduled Bank / Commercial Bank or in the form of
Insurance Security Bonds or Account Payee Demand Draft
or Fixed Deposit Receipt or online Payment in an
acceptable form. This SDPG shall be initially remain valid
up to 90 (ninety) days after the end of Defect Liability
Period (DLP). ln case, the time for completion of work gets
extended, the contractor shall get the validity of SDPG
extended to cover such extended time for completion of
work plus DLP plus 90 days.
ln case, even after 60 days from the date of issue of PO/
LOl, the Bidder fails to submit the Security Deposit of the
requisite amount, PO/ LOI will stand withdrawn and EMD
of the Bidder shall be forfeited.
xiii. Retention Money a) The Retention Money shall be deducted from each
running bill of the Contractor at 5% (Five percent only) of
the Running Account bill excluding GST.
b) 50% (Fifty percent) of Retention Money shall be repaid
to the contractor after completion of the entire work. Rest
50% (Fifty percent) shall be released to the contractor after
successful completion of the defect liability period.
xiv. Time allowed for starting The Contractual Commencement date shall be from the
the work date of issue of Letter of Commencement.
xv. Defect Liability Period 36 months from the date of completion of work as per
approved design and drawings.
xvi. Arbitration As per Additional Conditions of Contract.
xvii. Jurisdiction Courts at Bhubaneswar

SIGNATURE OF BIDDER :

NAME (CAPITAL LETTERS) : ____________________________________

OCCUPATION : ____________________________________
ADDRESS : ____________________________________
____________________________________
SEAL OF BIDDER :

Sign and Stamp of Bidder Sign and Stamp of EPIL

 INSTRUCTIONS TO TENDERERS

1. Sealed tenders in the prescribed from are invited by Engineering Projects (India)
Limited, New Delhi.

2. The tenderer is requested to sign each page of tender document and return the
complete tender documents.

3. Tenders shall be submitted in sealed envelope marked with ‘Title’, ‘Number’ and ‘Last
Date of receipt of Tender’ for the items as given in the ‘Covering Letter inviting Tender’
at the following address by Registered Post or through messenger within the last date
of receipt of tender given in the letter inviting Tender:

Deputy General Manager (T)

(Contracts Division)
Engineering Projects (India) Ltd. (PCO, Bhubaneswar)
3rd Floor, Plot no. 108,
Unit-7, Surya nagar,
Bhubaneswar – 751003,
ODISHA
E-mail : [email protected]

4. The tenderer is required to submit their offer in 2 separate sealed and super scribed
envelopes indicating the following:-

1st Envelope (Techno-Commercial Bid)

The tenderers are requested to furnish the documents as required in clause no. 25 in
respect of the credentials of the tenderer in this envelope.

In this envelope the tenderer should also keep the complete tender documents duly
signed and stamped by them on each page as their acceptance, deviation sheet and
unpriced copy of price bid and super scribe the envelope with “Techno-Commercial
Bid”.

2nd Envelope (Price Bid)

The form of Price Bid duly filled in with the item rates both in words and figures in
the same form as issued to tenderers should be submitted in this envelope, with
superscription “Price Bid” No terms and conditions or deviations if any or any other
thing should be kept in this envelope.

The sealed price bid of such tenderers who are found suitable on scrutiny of
documents furnished by them i.e. pre-qualification and technically acceptable shall
only be opened. The tenders of all such parties, who are not found suitable, shall not
be considered and their earnest money deposit will be returned.

Sign and Stamp of Bidder Sign and Stamp of EPIL

 The two envelopes should be enclosed again in a sealed cover super scribed as
mentioned in Para-3.

5. The bidders should quote in words as well as in figures the item rates quoted by
them. In absence of which the bids may not be considered and are likely to be
rejected. The amount of each item should be worked out and requisite totals given.

All corrections/cuttings should be signed by the tenderer. Each page of the tender
should be signed by the tenderer. In the event of discrepancy between rate in figures
and words the rate quoted in words shall be treated as correct. In case there is
discrepancy between rate and amount worked out the rate quoted shall be taken as
correct and not the amount.

6. EPI takes no responsibility for tenders lost/delayed in postal transit and therefore,
tenderers should lodge their tenders sufficiently in advance.

7. Tenders shall be accompanied by Earnest Money deposit for the amount indicated in
the ‘Covering Letter inviting Tender’ in the form of crossed Demand Draft drawn in
favour of “Engineering Projects (India) Ltd.” payable at Delhi or Bank Guarantee from
a Nationalized Bank/Schedule Bank in the prescribed enclosed performa valid for
120 days from the due date of tender. Tender not accompanied with Earnest Money
are liable to be rejected.

This must be submitted in 1st envelope super scribed as “Techno –Commercial”. The
tenderer must not keep Earnest Money with Price Bid in 2nd envelope.

8. The EPI’s format for Bank Guarantee towards ‘Earnest Money Deposit’ and “Security
Deposit cum Performance Guarantee” is enclosed herewith.

9. EPI reserves the right to postpone the tender due date and issue required
amendment, if any. There will be no public tender opening. However, selected
tenderers may be called for discussions/clarifications after the tenders have been
scrutinized.

10. Earnest Money shall be returned to the unsuccessful tenderer after decision has
been taken on award of the contract.

11. Earnest Money of the successful tenderer shall be converted in to a part of the
security deposit/returned on receipt of Security Deposit and unconditional
acceptance of the order.

12. Tenders must be duly signed with date and sealed. An attested copy of power of
attorney/affidavit/Board Resolution executed as under shall accompany the tender
documents.

Sign and Stamp of Bidder Sign and Stamp of EPIL

 a) In case of Sole Proprietorship, an affidavit of Sole Proprietorship and if the
tender is signed by any other person Power of Attorney by the Sole
Proprietor in favour of signatory.

b) In case of Partnership, if document is not signed by all the partners, Power of

Attorney in favour of the Partner/person signing the documents authorizing
him to sign the documents. The person signing the documents should also
have a specific authority to refer disputes with the partnership firm to
arbitration.

c) In case of Company, copy of the Board Resolution authorizing the signatory

to sign on behalf of the Company.

13. The tenderer shall furnish the name (s) and designation of relative (s) if any,
employed by EPI.

14 Tenders with following discrepancies are liable for rejections;

a) Tenders with over-written or erased rates or rates and amounts not written
in both figures and words.

b) Tender that is incomplete, ambiguous, and not accompanied by the

documents asked for.

c) Tender received after specified date/time whether due to postal or other

delays.

d) Tender in respect of which canvassing in any form is resorted to by the

tenderer.

e) If the tenderer deliberately gives wrong information in his tender or resorts

to unfair methods in creating circumstances for the acceptance of his tender,
EPI reserves the right to reject such tender at any stage.

15. No deviation shall be allowed from the terms and conditions stipulated in the tender
documents and tender containing deviations are liable to be rejected. Deviations, if
insisted upon must be specified in a separate ‘Deviation Sheet’ and kept in 1 st
envelope along with techno-commercial bid, otherwise, the tenderer shall be
deemed to have accepted all conditions specified in these tender documents.
Normally no deviation is accepted.

16. EPI reserves the right to split the order.

17. The tender shall remain open for acceptance for a period of 90 days from the due
date for receiving the tender by EPI. If any tenderer withdraws his tender before the
said period or makes any modifications in the terms and conditions of the tender
which are not acceptable, Engineering Projects (India) Limited without prejudice to
any other right or remedy shall be at liberty to forfeit the Earnest Money deposited.

Sign and Stamp of Bidder Sign and Stamp of EPIL

18. These instructions to tenderers shall form part of the tender documents.

19. Successful tenderer must furnish Security Deposit as specified in tender documents
within the time specified in the letter-communicating acceptance of his offer failing
which the Earnest Money will be forfeited. The successful tenderer may also be
required to enter into a contract agreement with EPI.

20. Submission of a tender by the tenderer implies that he has read the complete
contract documents and has made himself aware of the scope, terms & condition
and specifications etc. No claim within the purview of this clause shall be entertained
at any stage.

21. EPI reserves the right to reject any or all tenders without assigning any reasons
thereof and does not bind itself to accept the lowest tender.

22. In case the tender cannot be submitted for any reasons the complete set of Tender
Documents in full shall be returned promptly but not later than 15 days from the due
date to the address mentioned above for submitting the tender failing which the
defaulting tenderer may not be considered for issue of future enquiries by EPI.

23. The order shall be governed by the Indian Laws for the time being in force.

24. Jurisdiction: All disputes shall be subject to Delhi Courts alone.

25. Tenderer shall submit the following documents in respect of their credentials along
with their tender in the ‘first envelope’.

a) List of orders of similar items executed during the last 5 years indicating
name of the client, value, date of order and delivery.

b) List of order under execution indicating name of the client, value, date of
order and delivery.

c) Audited balance sheet and profit and loss account for the last 3 years.

d) Registration Certificate/Memorandum of Association/Partnership Deed.

e) Copy of letters of registration with various authorities like CPWD, State PWD,
MES and Public Sector Undertakings, etc.

f) Sales Tax Clearance Certificate.

Seal and signature of

the Tenderer

Sign and Stamp of Bidder Sign and Stamp of EPIL

 ADDENDUM TO INSTRUCTIONS TO TENDERERS

Mode of submission of tender is through e-bids only. Hence clause no. 1 of ITT is deleted.

Kindly refer “Special instructions to Bidders for e-tendering” for downloading & uploading of
tender documents as per NIT.

1) Clause no. 2, 3, 4, 5, 6, 9, 11, 12, 14, 15, 22, 25 of ITT stands deleted.

2) Clause no 7 of Instructions to Tenderers stands amended as below:

Tenders shall be accompanied by Earnest Money deposit for the amount indicated in the
‘Notice inviting Tender’ in the form of Insurance Surety Bond or Account Payee Demand
Draft or Fixed Deposit Receipt or Banker’s cheque or Bank Guarantee of any
Nationalized Bank/Scheduled Bank/Commercial bank as per the enclosed format valid
for 150 days (One Hundred and Fifty) from the due date of tender or payment online in
an acceptable form for the full amount of EMD payable favouring “Engineering Projects
(India) Limited” payable at New Delhi. Tender not accompanied with Earnest Money are
liable to be rejected.

3) Clause no. 17 of Instructions to Tenderers stands amended as below:

The tender shall remain open for acceptance for a period of 90 days from the last date
of submission of bid. If any tenderer withdraws his tender before the said period or
makes any modifications in the terms and conditions of the tender which are not
acceptable, Engineering Projects (India) Limited without prejudice to any other right or
remedy shall be at liberty to forfeit the Earnest Money deposited.

All other provisions of “Instructions to Tenderers (Suppliers)” shall remain unchanged.

Sign and Stamp of Bidder Sign and Stamp of EPIL

 Special instructions to Bidders for e-Tendering

Some Bidding related Information for this Tender (Sealed Bid)

The entire bid-submission would be online only and submitted in CPP Portal i.e.
www.etenders.gov.in.

Broad outline of submissions are as follows:

➢ Submission of Bid-Parts/ Envelopes

▪ Technical-Part
▪ Financial-Part

Submission of Bid:
The Bidder should upload the scanned copies of all the original documents as mentioned in
NIT Clause No 28.0 and Bid-Annexures during Online Bid-Submission in addition to PQ
documents listed in NIT Clause.3.0

Sign and Stamp of Bidder Sign and Stamp of EPIL

 BIDDER INFORMATION
(To be submitted by Bidder on its Letter Head)

Company Name*

Registration Number*
Registered Address*
Name of Partners/Directors
Bidder type*
Indian/Foreign
City*
State*
Country*
Postal code*
PAN/TAN/GST Number* (PAN/TAN number must have 10 characters. e.g.
AESTG2458A)
Company’s Establishment Year
Company’s Nature of business*
Company’s Legal status*
Limited company/
Undertaking/Joint
venture/Partnership/others
Company Category*
Micro unit as per MSME/
Small unit as per MSME/
Medium unit as per MSME/
Ancillary unit/Project of affected
person of this company/SSI/others
Contact Details
Enter Company’s Contact Person Details
Title *
Mr/Mrs/Dr/Shree/Ms
Contact Name*
Date of Birth* (DD/MM/YYYY)
Correspondence Email*
(Correspondence Email ID can be same as your Login
ID. All The mail correspondence will be sent only to
the Correspondence Email ID.)
Designation
Phone *
(Phone details eg: +91 44 22272449)
Mobile*

Sign and Stamp of Bidder Sign and Stamp of EPIL

 BANK DETAILS

PAN NO*

GST NO*

NAME OF BANK*

ACTIVE BANK A/C DETAILS*

A/C NO*

A/C TYPE*

BRANCH ADDRESS*

IFSC *

*Mandatory information (must be filled by the bidders)

Sign and Stamp of Bidder Sign and Stamp of EPIL

 Annexure – B

Site Visit Declaration

(To Be Enclosed in Letter Head)

To,
CONTRACTS DIVISION
ENGINEERING PROJECTS (INDIA) LTD.
PCO- Bhubaneswar

REF: Tender for execution of Miscellaneous works such as civil & RCC works, sanitary &
plumbing works, water proofing work, false ceiling, Hand Railing work, Flooring work, GRC
Jali work etc. in Tribal museum at RourkelaONE project, Rourkela, Sundergarh Dist.,
Odisha

NIT No: PCO/BBSR/806/172 Date- 03.07.2024

Dear Sir,

I/We ------------------------------------------------------- Undersigned visited the project site on -------

---------- and collected all the required information and data regarding availability of material
and noted the environmental condition

Yours faithfully,

(Signature of the Tenderer)

Seal of Tenderer
Dated :

Sign and Stamp of Bidder Sign and Stamp of EPIL

 Annexure – C

UNDERTAKING
(To Be Enclosed In Letter Head)

REF: Tender for execution of Miscellaneous works such as civil & RCC works, sanitary &
plumbing works, water proofing work, false ceiling, Hand Railing work, Flooring work, GRC
Jali work etc. in Tribal museum at RourkelaONE project, Rourkela, Sundergarh Dist.,
Odisha

NIT No: PCO/BBSR/806/172 Date- 03.07.2024

This is to confirm that the following persons are the present Directors of the company/firm:

1.
2.
.
.
.
It is further confirmed that none of the above Directors is associated with any other
company/firm which is quoting for the above referred tender of EPI.

The details of constitution of M/s …………………………………………………………………is submitted

along with this annexure.

In case, at any later stage the above information is found incorrect, EPI can cancel our
BID/LOI/Contract Agreement and may take any suitable action deemed fit against our
company.

Authorized Signatory

CEO/Proprietor/MD
Name & Seal of the
Company
Date:

Sign and Stamp of Bidder Sign and Stamp of EPIL

 Annexure – D

LOCAL CONTENT DECLARATION

REF: Tender for execution of Miscellaneous works such as civil & RCC works, sanitary &
plumbing works, water proofing work, false ceiling, Hand Railing work, Flooring work, GRC
Jali work etc. in Tribal museum at RourkelaONE project, Rourkela, Sundergarh Dist.,
Odisha

NIT No: PCO/BBSR/806/172 Date- 03.07.2024

We ………………………………………..(name of the bidder) undertake that we meet the mandatory

minimum local content requirement as per Public Procurement ( Preference to Make in
India) local content policy against EPI NIT No. …………………………………………… dtd……………………
The percentage of local content in the bid is ………………………………..% and the items offered in
the bid meets the minimum local content and shall give details of the location (s) at which
the local value addition is made.

(To be self certified by the Bidder)

Date:

Sign and Stamp of Bidder Sign and Stamp of EPIL

 Annexure - E

PROFORMA FOR BANK GURANTEE IN LIEU OF EARNEST MONEY DEPOSIT

In consideration of Chairman & managing Director, Engineering Projects (India) Limited, (A

Govt. of India Enterprise), Core-3, Scope Complex, Lodhi Road, New Delhi Pin- 110003.
(hereinafter called the EPI) having agreed to accept bank Guarantee of Rs. .................. in lieu
of EARNEST MONEY DEPOSIT from ..................................................................... (hereinafter
called the Supplier/ Contractor/ Sub-Contractor, which expression shall include its heirs,
successors and assignees) in respect of the Tender for
.................................................................................................................

We, ........................................ bank having its registered/head office at...................................

(hereinafter referred to as the Bank) do hereby agree and undertake to pay to EPI without
demur or protest an amount not exceeding Rs............................. on demand by EPI.

We the above said Bank further agree and undertake to pay the said amount of Rs.
......................... without any demur on demand within 48 hours. Any demand made on the
Bank by EPI shall be conclusive as regards the amount due and payable by the Bank under
this guarantee.

We the above said Bank further agree that the guarantee herein contained shall be in full
force and in effect until ............................................................... date ..............................

Unless a demand or claim under this guarantee is made on us in writing on or before

....................................... date ............................... , we shall be discharged from all liabilities
under this guarantee thereafter.

We, the above said Bank, further agree that EPI shall have full liberty, without our consent
and without affecting in any manner our obligation to verify, modify or delete any of the
conditions.

We, the above said Bank, lastly undertake not to revoke this guarantee during its currency
except with the prior consent of EPI in writing.

Dated………………..…..this day of……………..200.

For and on behalf of the Bank

Note: BG should be submitted with Structured Finance Managing System (SFMS) issued by
beneficiary bank.

Sign and Stamp of Bidder Sign and Stamp of EPIL

 Annexure-F

BANKER’S CERTIFICATE FROM A SCHEDULED BANK

This is to certify that to the best of our knowledge and information that M/s./ Sh. …………
................................. having marginally noted address, ..................... ....as a Customer of
our bank are/ is respectable and can be treated as good for any engagement up to a limit of
Rs...................... (Rupees .......................... ................................ ................. .................)

This certificate is issued without any guarantee or responsibility on the bank or any of the
officers.

(Signature) For the Bank

NOTE
1. Bankers Certificates should be on letter head of the Bank, addressed to
tendering authority .

2. In case of _Partnership firm, certificate should include names of all partners as

recorded with the Bank.

FORM FOR CERTIFICATE OF NET WORTH FROM CHARTERED ACCOUNTANT

"It is to certify that as per the audited balance sheet and profit & loss account during the
financial year ......................., the Net Worth of M/s ............................................ (Name &
Registered Address of individual/firm/ company), as on ............... ............................... (the
relevant date) is Rs. .............................. after considering all liabilities. It is further certified
that the Net Worth of the company has not eroded by more than 30% in the last three years
ending on (the relevant date)."

Unique Document Identification Number (UDIN) ...................

Signature of Chartered Accountant ............................................

Name of Chartered Accountant.........................................
Membership No. of ICAI
Date and Seal

Sign and Stamp of Bidder Sign and Stamp of EPIL

 Annexure - G

PROFORMA FOR SECURITY DEPOSIT CUM PERFORMANCE GUARANTEE

The Chairman & Managing

Director, Engineering Projects (India) Ltd.,
Core-3, SCOPE Complex
7, Institutional Area,
Lodhi road, New Delhi –110 003

Dear Sir,

In consideration of the Chairman & Managing Director, Engineering Projects (India) Ltd.
(hereinafter called ‘EPI’ which expression shall unless repugnant to the subject or context
includes its successors and assigns) having agreed under the terms and conditions of supply
contract /sub-contract no................................................................................................
Dated..........................................made
between......................................................................................................... (hereinafter
referred to as the said Supplier/subcontractor) which expression shall unless repugnant to
the subject or context includes its successors and assigns) and EPI in connection
with.......................................................................................................................................
(Hereinafter called ‘The said supply Contract/Sub-contract) to accept a Deed Security
Deposit-cum-Performance bank guarantee as herein provided for lieu of:

a) The Security Deposit to be made by the said supplier/cub-contractor for the due
fulfilment by the said supplier/sub-contractor of the terms and conditions contained
in the said supply contract/subcontract, and

b) Fulfilment of the conditions of the said supply contract /sub-contract/furnishing a

security for the performance of the equipment in accordance with conditions of the
said Contract.

We............................................................. (Hereinafter referred to as “the said bank a

Government of India Undertaking which expression shall unless repugnant to the subject or
context includes its successors and assigns) and having our registered office at
....................................................................do hereby unconditionally and irrevocably
undertake and agree to indemnify and keep indemnified EPI from time to time to the extent
of (.....................................................................................................) only against any loss of
damages, costs, charges and expenses caused to or suffered by or that may be caused or
suffered by EPI by reason of any breach or breaches by the said supplier/sub-contractor of
any of the terms and conditions contained in the said supply contract/sub-contract and or
any amount becoming due for non-performance and /or penalty as assessed by EPI and top
unconditionally pay the amount claimed by EPI on demand and without demur.

We the said Bank further agree that the guarantee herein contained shall remain in full
force and effect during the period that would be taken for the performance of the said
supply contract/sub-contract and till all the dues of EPI under the said supply contract/sub-

Sign and Stamp of Bidder Sign and Stamp of EPIL

contract or by virtue of any of the terms and conditions governing the said contract have
been fully paid and its claims satisfied or discharged and till EPI certifies that the terms and
conditions of the said supply contract/sub-contract have been fully and properly carried out
by the said supplier/ sub-contractor and accordingly discharge this guarantee subject,
however, that EPI shall have no claim under this guarantee after 6 months from the date of
expiry of the guarantee unless a notice of the claim under this guarantee has been served
on the Bank before the expiry of the said period of 6 months.

EPI shall have the fullest liberty without affecting in any way the liability to the said Bank
under this Guarantee or indemnity from time to time to vary any of the terms and
conditions of the said supply contract/sub-contract to extend time of performance of the
said Contract or to postpone for any time and from time to time any power’s exercisable by
it against the said Supplier/sub-contractor and either to enforce or forbear from enforcing
any of the terms and conditions governing the said contract or securities available to EPI and
the said Bank shall not be released from its liability under these presents by any exercise by
EPI of the liberty with reference to the matters aforesaid or by reason of time being given to
the said supplier/sub-contractor or of any other matter or thing whatsoever which under
the law relating to sureties would but for this provisions have the effect of so releasing the
said bank from its such liability.

We, the said bank, further agree that EPI shall be the sole judge of and as to whether the
said supplier/sub- contractor has committed any beach or breaches of any of the terms and
conditions of the said supply contract/ sub-contact and the extent of loss, damage, cost,
charges and expenses caused to or suffered by or that may be caused to or suffered by EPI
on account thereof and the decision of EPI that the said supplier/sub-contractor has
committed such breach or breaches and as to the amount or amounts of loss, damages,
costs, charges and expenses caused to or suffered by EPI from time to time shall be final and
binding on the bank.

This guarantee shall be a continuing quarantine and shall remain valid and irrevocable for all
claims of EPI and liabilities of the said supplier/sub-contractor arising upto and until mid
night of………………………………………, subject the claim period as mentioned in
para…………………….

This guarantee shall be in addition to any other guarantee or security whatsoever that EPI
may now or at any time anywise may have in relation to the said supplier/sub-contractor
obligation/liabilities under and/or in connection with the said supply contract/sub-contract
and EPI shall have full authority to take recourse to or enforce this guarantee in preference
to any other guarantee or security which EPI may have or obtain and there shall be no
forbearance on the part of EPI IN ENGINEERING OR REQUIRING ENFORCEMENT OF ANY
OTHER SECURITY AND shall not have the effect of releasing the said bank from its full
liability hereunder:

EPI shall be at liberty without reference to the said bank and without effecting the full
liability of the said Bank hereunder to take any other security in respect of the said
supplier’s/sub-contractor’s obligations and/or liabilities under or in connection with the said
contract.

Sign and Stamp of Bidder Sign and Stamp of EPIL

This guarantee shall not be determined or affected by the liquidation or winding up,
dissolution, or change of constitution or insolvency of the said supplier/sub-contractor, but
shall in all respects and for all purposes be binding and operative until payment of all
moneys paid to EPI in terms thereof.

The said bank hereby waives all rights at any time inconsistent with the terms of this
guarantee and the obligations of the said bank in terms hereof shall not be anywise affected
or suspended by reasons of any dispute or disputes having been raised by the said
supplier/sub-contractor.(whether or not pending before any arbitrator, tribunal or court) of
any denial or liability by the said supplier/sub-contractor stopping or preventing or
purporting to stop or prevent any payment by the said bank to EPI in terms hereof.

The amount stated in any notice of demand addressed to EPI to the Guarantor as liable to
be paid to EPI by the Supplier/sub-contractor on account of any losses or damages or costs,
charges and /or expenses shall as between the said bank and EPI be conclusive providence
of the amount so liable to be paid to EPI or suffered or incurred by EPI as the case may be
and payable by the said Bank to EPI in terms hereof. We, the said Bank further undertake
that we shall pay forthwith the amount stated in the notice of demand to EPI without
demur.

We, the said bank undertake not to revoke this quarantine during its currency except with
the consent of EPI in writing and agree that any change in the constitution of the said
supplier/sub-contractor or the said Bank shall not discharge our liabilities hereunder.

It shall not be necessary for EPI to proceed against the said supplier/sub-contractor before
proceeding against the Bank and the guarantee herein contained shall be enforceable
against the bank notwithstanding any security which EPI may have obtained or obtain from
the supplier/sub-contractor shall at the time when proceedings are taken against the said
Bank hereunder be outstanding or unrealized.

Our liability under this guarantee shall be restricted to...................................................and

this guarantee shall remain in force until midnight of
.............................................................................unless a claim to enforce this guarantee is
filed with us within six months from .......................................(which is date of expiry of this
guarantee), we shall be discharged from all liabilities under this guarantee thereafter.

Dated.............................................. This day of .................................... 20..............

FOR AND ON BEHALF OF BANK

Note: BG should be submitted with Structured Finance Managing System (SFMS) issued by
beneficiary bank.

Sign and Stamp of Bidder Sign and Stamp of EPIL

 ADDITIONAL CONDITIONS OF CONTRACT (ACC)

1. General :

The Additional Conditions shall be read in conjunction with General Conditions of

Contract. Where the provisions of these Additional Conditions are at variance with
the provision of the General Conditions of Contract, the provisions of these
Additional Conditions shall take precedence.

2. Commencement and Completion of Project:

The Contractual Completion Period shall be 60 days from date of issue of letter of
commencement.
3. Security Deposit cum Performance Guarantee:

5% (Five Percent only) of the contract value of the accepted tender within 21 (twenty
one) days from the date of issue of Purchase Oder (PO)/ Letter of lntent (LOI). lf
required, any extension of time beyond 21 days and upto 60 days may be granted
by the Competent Authority. However, a penal rate of interest @ 12% per annum
shall be charged for the delay in submission of Security Deposit after 21 (twenty
one) days i.e. from 22nd day to the date of submission of Security Deposit but within
60 days after the date of issue of PO/ LOl. Further, if 60th day happens to be
declared holiday in the concerned office of EPl, submission of Security Deposit can
be accepted on the next working day.

The SDPG shall be submitted in the form of Bank Guarantee (format enclosed),
from any Nationalized bank / Scheduled Bank / Commercial Bank or in the form of
Insurance Security Bonds or Account Payee Demand Draft or Fixed Deposit Receipt
or online Payment in an acceptable form. This SDPG shall be initially remain valid
upto 90 (ninety) days after the end of Defect Liability Period (DLP). ln case, the time
for completion of work gets extended, the contractor shall get the validity of SDPG
extended to cover such extended time for completion of work plus DLP plus 90
days.

ln case, even after 60 days from the date of issue of PO/ LOl, the Bidder fails to
submit the Security Deposit of the requisite amount, PO/ LOI will stand withdrawn
and EMD of the Bidder shall be forfeited.

4. Price quoted is to be firm inclusive of all taxes and duties, labour cess, freight,
insurance etc. but excluding GST as per GCC Cl no. 13. No Escalation is payable.

The Contractor shall issue tax invoices, file appropriate returns, and deposit the
applicable GST to the account of appropriate government within the time limit
prescribed under the GST Law. In the event of any default, Contractor shall be liable
to pay any penalty/demand raised on EPIL due to default by Contractor, and the
same shall be recovered from the Contractor.

Sign and Stamp of bidder Sign and Stamp of EPIL

 The Contractor shall be responsible for the issuance of E-way bill and other
compliances relating to e-way bill as per GST law. The Employer will deduct GST at
source at the applicable rates in case transactions under the contract are liable to
GST deduction at source as per the prevailing provisions of GST Law.

As per Rule 36(4) of CGST Rules and the corresponding restriction of eligible ITC, it
is important that the respective Vendor/Supplier/Contractor reports the details of
outward supplies in its FORM GSTR-1, on timely basis, to facilitate auto-population
of details in FORM GSTR-2B at EPIL’s end. In case, such details do not auto-
populate in FORM GSTR-2B of EPIL, due to fault/mistake/ delay at
Vendor/Supplier/Contractor’s end, EPIL will not disburse the GST component to the
respective Supplier. In other words, only when the Vendor/Supplier/Contractor
discloses the details of outward supplies in its FORM GSTR-1 and the
corresponding ITC gets auto-populated in FORM GSTR-2B, EPIL will be in a
position to avail ITC and consequently disburse the tax component to the Suppliers.
Any GST component, even if already disbursed by EPIL, would be recoverable by
EPIL as a deduction from future bills or by any other means as per the contractual
terms.

5. Mobilization Advance:

Deleted

6. Retention Money:

a) The Retention Money shall be deducted from each running bill of the Contractor
at 5% (Five percent only) of the Running Account bill excluding GST.

b) 50% (Fifty percent) of Retention Money shall be repaid to the contractor after
completion of the entire work. Rest 50% (Fifty percent) shall be released to the
contractor after successful completion of the defect liability period.

7. Taxes and Duties:

The following shall be also read with clause no 13 of GCC:

1. The bidder/Contractor must be registered with GST for Odisha and should have
valid GSTIN number.

2. The bidder/contractor must submit as an compliances of GST Act, the invoices in

GST compliant format failing which the GST amount shall be recovered/ adjusted by
EPI without any prior notice from the next invoices or available dues with EPI.

3. The bidders/contractors are requested to update/upload the GST/Taxes data

periodically so as to enable EPI to avail ITC credit failing which EPI shall be recover/
adjust the same without any prior notice from the next invoices or available dues
with EPI.

Sign and Stamp of bidder Sign and Stamp of EPIL

 4. Rates quoted in this tender shall be all inclusive with all other taxes and duties,
cess etc. except GST.GST shall be paid extra as applicable. (Presently 18%) It
may change at prevailing rate from time to time as reimbursed by client.

5. Bidder while quoting the rates in the tender must also consider the ITC credit
applicable for the works, if any.
8. Variation In Taxes, Duties, Levies And Imposition Of New Taxes Etc.

In case of any reduction in rate of GST or other taxes in future or the project getting
exemption status prior to the last date of bid submission or afterwards, the
subcontractor shall pass on the benefit to EPIL immediately, failing which EPIL shall
have the right to recover the differential amount from the amounts due to the sub-
contractor. Further, in case of any increase in rate of GST or other taxes in future or
the project losing exemption status prior to last date of bid submission or afterwards,
the said increase of taxes shall be paid/reimbursed to the subcontractor, subject to
the condition that the client reimburses the said increased taxes to EPIL"

9. Land For Labour Huts/ Site Office And Storage Accommodation

In addition to GCC Clause no 28.1,

It is bidder responsibility to arrange on its own cost of following
1. Labour Hutment
2. Storage unit
3. Site Establishment
4. Cement Godown
10. Water, Electricity& Security

1. The Contractor shall make its own arrangement for Water & Electrical power for
construction and other purposes at its own cost.
2. The Contractor shall make its own arrangement for Security of their material,
machinery and works site

11. Payment:

The Contractor shall periodically submit Running Account (RA) bills in the
prescribed Performa for the work done provided it is not less than 46 lakhs for 20
days. All RA-Bills payments will be released subject to receipt of payment from
client. All running bills shall be accompanied with the photographs in sufficient nos.
and angles illustrating the progress of work and for which claims raised in RA bill is
evident. The photographs shall be duly signed by the contractor. The RA bill shall
also accompany the progress chart showing status of work against agreed
schedule, delays and way to mitigate such delays. The payment against each RA-
Bill shall only be released on receipt of corresponding bill payment from Client to
EPI.

a) The bills not submitted on the prescribed format may not be considered for

Sign and Stamp of bidder Sign and Stamp of EPIL

 payment. TDS shall be deducted on prescribed norms of the Govt. enforce time to
time from the bills. In this regard, Client/EPIL Guidelines amended up to date for
submission of RA Bills shall be followed.

b) The Contractor shall have no claim on EPI in case the payments are delayed by
the client due to any reason whatsoever.

RA Bill must be accomplished by progress photos, All other terms of GCC Cl no

37.2 remains same.

In addition to clause no 37.2 of GCC, all payment shall be released by NEFT/RTGS.

12. Works to Be Open to Inspection:

All works executed or under the course of execution in pursuance of this contract
shall at all times be open to inspection and supervision of EPI. The work during its
progress or after its completion may also be inspected, by Chief Technical Examiner
of Government of India (CTE) and/ or an inspecting authority of State Government
of State in which work is executed and/or by third party checks by Owner/ Clients.
The compliance of observations/ improvements as suggested by the inspecting
officers of EPI/CTE/ State authorities/ Owners shall be obligatory on the part of the
Contractor at the cost of Contractor.

Any recovery, penalty imposed by CTE due to non-performance, non-

compliance of agreed condition or otherwise whatsoever the same shall be
recovered from RA Bill of contractor.

13. Deviation And Alteration In Specification, Design And Drawings

As per GCC Cl No. 69.0

14 Secure Advance:

Deleted

15. Defect Liability Period :

36 months from the date of takeover of the building by the concerned

department/Client. All other condition of GCC Clause No 74 is remains same.

16. Materials Procured With the Assistance of EPI:

If any material for the execution of this contract is procured with the assistance of
EPI either by issue from its stores or purchase made under orders of permits or
licenses obtained by EPI, the contractor shall hold and use the said materials
economically and solely for the purpose of this contract and shall not dispose them
without the written permission of Engineer-In-Charge. The contractor, if required by
EPI, shall return all such surplus or unserviceable materials that may be left with him

Sign and Stamp of bidder Sign and Stamp of EPIL

 after the completion of the contract or at its termination on whatsoever reason, on
being paid or credited such price as EPI shall determine having due regard to the
conditions of materials.
All the materials are deemed to be in scope of contractor and shall be
arranged by him, however if any such material is procured with assist of EPI, a
handling charges of 10% plus GST on actual purchase cost shall be levied and
recovered from RA bills of contractors.

17. Arbitration:

General Conditions of Contract (GCC) Sub Clause no.76.1,76.2 and 76.3 of

Arbitration
Clause no.76.0are amended as given below.

76.0 ARBITRATION

76.1 Before resorting to arbitration as per the clause given below, the parties if they
so agree may explore the possibility of conciliation as per the provisions of Part III of
the Arbitration and Conciliation Act, 1996 as amended by Arbitration and
Conciliation (Amendment) Act, 2015.
When such conciliation has failed, the parties shall adopt the following procedure for
arbitration:

i) Except where otherwise provided for in the contract, any disputes and differences
relating to the meaning of the Specifications, Design, Drawing and Instructions
herein before mentioned and as to the quality of workmanship or materials used in
the work or as to any other questions, claim, right, matter or things whatsoever in
any way arising out of or relating to the Contract, Designs, Drawings, Specifications,
Estimates, Instructions, or these conditions or otherwise concerning the works of the
execution or failure to execute the same whether arising during the progress of the
work or after the completion or abandonment thereof shall be referred to the Sole
Arbitrator appointed by the Chairman & Managing Director (CMD) of Engineering
Projects (India) Limited (EPI) or any other person discharging the functions of CMD
of EPI. The person approached for appointment as Arbitrator shall disclose in writing
circumstances, in terms of Sub-Section (1) of Section (12) of the Arbitration and
Conciliation Act, 1996 as amended by Arbitration and Conciliation (Amendment) Act,
2015 as follows:

a) such as the existence either direct or indirect, of any past or present relationship
with or interest in any of the parties or in relation to the subject-matter in dispute,
whether financial, business, professional or other kind, which is likely to give rise to
justifiable doubts as to his independence or impartiality; and

b) which are likely to affect his ability to devote sufficient time to the arbitration and

Sign and Stamp of bidder Sign and Stamp of EPIL

 in particular his ability to complete the entire arbitration within a period of twelve
months. The Arbitrator shall be appointed within 30 days of the receipt of letter of
invocation of arbitration duly satisfying the requirements of this clause.

ii) if the arbitrator so appointed resigns or is unable or unwilling to act due to any
reason whatsoever, or dies, the Chairman & Managing Director aforesaid or in his
absence the person discharging the duties of the CMD of EPI may appoint a new
arbitrator in accordance with these terms and conditions of the contract, to act in his
place and the new arbitrator so appointed may proceed from the stage at which it
was left by his predecessor.

iii) It is a term of the contract that the party invoking the arbitration shall specify the
dispute/ differences or questions to be referred to the Arbitrator under this clause
together with the amounts claimed in respect of each dispute.

iv) The Arbitrator may proceed with the arbitration ex-parte, if either party, in spite of
a notice from the arbitrator, fails to take part in the proceedings.

v) The work under the contract shall continue as directed by the Engineer-In-
Charge, during the arbitration proceedings.

vi) Unless otherwise agreed, the venue of arbitration proceedings shall be at the
venue given in the ‘Memorandum’ to the ‘Form of Tender”.

vii) The award of the Arbitrator shall be final, conclusive and binding on both the
parties.

viii)Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act,
1996 as amended by Arbitration and Conciliation (Amendment) Act, 2015 or any
statutory modifications or re-enactment thereof and the Rules made there under and
for the time being in force shall apply to the arbitration proceedings and Arbitrator
shall publish his Award accordingly.

76.2 "ln the event of any dispute or difference relating to the interpretation and
application of the provisions of commercial contract(s) between Central Public
Sector Enterprises (CPSEs) / Port Trusts inter se and also between CPSEs and
Government Department Organizations (excluding disputes relating to Railways,
lncome Tax, Customs & Excise Departments), such dispute or difference shall be
taken up by either party for its resolution through AMRCD as mentioned in DPE OM
No. 05/0003/2019-FTS-10937 dated 14th December, 2022 and the decision of
AMRCD on the said dispute will be binding on both the parties."

76.3 JURISDICTION:
The courts in Bhubaneswar alone will have jurisdiction to deal with matters arising
from the contract

Sign and Stamp of bidder Sign and Stamp of EPIL

18. Furnished Office Accommodation & Mobility and Communication to Be
Provided By The Contractor To EPI:
GCC clause no. 28.3 stands deleted.

19. Insurance:

In addition to GCC clause no. 17 is modify as under

Contractor has to take Workmen’s Compensation Policy for the scope of work till
completion of project.
20. Labour:

The Contractor shall, unless otherwise provided in the GCC Clause reference, make
its own arrangements for the engagement of all staff and labour, local or other, and
for their payment, housing, feeding and transport.

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

The CONTRACTOR shall also be responsible for labour welfare and for arranging
labour and other licenses/permits/clearance etc. for the project at their own. In case
EPI has to take labour license or and other licenses, all expenditure towards the
same shall also be borne by the CONTRCATOR. The CONTRACTOR shall comply
with all the requirements as per labour laws/acts. All the records in this regard shall
be maintained by CONTRACTOR as per statutory requirements and rules and shall
be produced by the CONTRACTOR on demand if required.

21. Compliance With Labour Regulations:

During continuance of the contract, the Contractor and his sub-contractors shall
abide at all times by all existing labour enactments and rules made there under,
regulations, notifications and by e laws of the State or Central Government or local
authority and any other labour law (including rules), regulations, byelaws that may
be passed or notification that may be issued under any labour law in future either by
the State or the Central Government or the local authority. Salient features of some
of the major labour laws that are applicable to construction industry are given below.
The Contractor shall keep the Employer indemnified in case any action is taken
against the Employer by the competent authority on account of contravention of any
of the provisions of any Act or rules made there under, regulations or notifications
including amendments. If the Employer is caused to pay or reimburse, such
amounts as may be necessary to cause or observe, or for non-observance of the
provisions stipulated in the notifications/bye laws/Acts/Rules/regulations including

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 amendments, if any, on the part of the Contractor, the Engineer/Employer shall have
the right to deduct any money due to the Contractor including his amount of
performance security. The Employer/Engineer shall also have right to recover from
the Contractor any sum required or estimated to be required for making good the
loss or damage suffered by the Employer. The employees of the Contractor and the
Sub-Contractor in no case shall be treated as the employees of the Employer at any
point of time.

INBUILDING AND OTHER CONSTRUCTION WORK.

SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO

ESTABLISHMENTS

ENGAGED IN BUILDING AND OTHER CONSTRUCTION WORK.

a) Workmen Compensation Act 1923:- The Act provides for compensation in

case of injury by accident arising out of and during the course of
employment.

b) Payment of Gratuity Act 1972:- Gratuity is payable to an employee under the

Act on satisfaction of certain conditions on separation if an employee has
completed 5 years’ service or more or on death the rate of 15 days wages for
every completed year of service. The Act is applicable to all establishments
employing 10 or more employees.

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

(i) Pension or family pension on retirement or death, as the case may be.

(ii) Deposit linked insurance on the death in harness of the worker.

(iii) Payment of P.F. accumulation on retirement/death etc.

(iv) Contractors are assigned to submit copy of “ECR” Electronic challan fees
of the PF Deposited by 20th of next month.

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

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

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 contract labour.

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

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

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

i) Payment of Bonus Act 1965:- The Act is applicable to all establishments

employing 20 or more employees. The Act provides for payments of annual
bonus subject to a minimum of 8.33% of wages and maximum of 20% of
wages to employees drawing Rs.3500/-per month or less. The bonus to be
paid to employees getting Rs.2500/- per month or above up to Rs.3500/- per
month shall be worked out by taking wages as Rs.2500/-per month only. The
Act does not apply to certain establishments. The newly set-up
establishments are exempted for five years in certain circumstances. Some of
the State Governments have reduced the employment size from 20 to 10 for
the purpose of applicability of this Act.

j) Industrial Disputes Act 1947:- The Act lays down the machinery and
procedure for resolution of Industrial disputes, in what 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 100 or more workmen (employment size reduced
by some of the States and Central Government to 50). The Act provides for
laying down rules governing the conditions of employment by the Employer
on matters provided in the Act and get the same certified by the designated
Authority.

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

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

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 Building and Construction Industry.

n) Inter-State Migrant workmen’s (Regulation of Employment & Conditions of

Service) Act 1979:- The Act is applicable to an establishment which employs
5 or more inter-state migrant workmen through an intermediary (who has
recruited workmen in one state for employment in the establishment situated
in another state). The Inter-State migrant workmen, in an establishment to
which this Act becomes applicable, are required to be provided certain
facilities such as housing, medical aid, travelling expenses from home up to
the establishment and back, etc.

o) The Building and Other Construction workers (Regulation of Employment and

Conditions of Service) Act 1996 and the Cess Act of 1996:- All the
establishments who carry on any building or other construction work and
employs 10 or more workers are covered under this Act. All such
establishments are required to pay cess at the rate not exceeding 2% of the
cost of construction as may be modified by the Government. The Employer of
the establishment is required to provide safety measures at the Building or
construction work and other welfare measures, such as Canteens, First-Aid
facilities, Ambulance, Housing accommodations for workers near the work
place etc. The Employer to whom the Act applies has to obtain a registration
certificate from the Registering Officer appointed by the Government.

p) Factories Act 1948:- The Act lays down the procedure for approval at 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 10 persons or more with aid of power or 20 or more
persons without the aid of power engaged in manufacturing process

22. The CONTRCTOR shall be fully responsible to complete the “Works” in workmen
like manner to the satisfaction of the Client and EPI by maintaining high standard of
quality and precision as per ‘Tender Documents,’ Agreements, Terms & Conditions,
Specifications, Drawings etc. within contractual completion period and within their
quoted rates/ amount. The rates quoted/finalized shall remain firm throughout till
completion of works including the extend period for which Extension shall be
granted by EPI without Levy of L.D & in no case rate shall be revised.

23. The CONTRACTOR shall deploy sufficient plant & equipment of the required and in
good working condition for completion of the works in stipulated time with required
quality, the equipment should either be owned by the CONTRACTOR or
hired/leased. The deployment of equipment by CONTRACTOR shall be as decided
by EPI and the same shall not be less than the minimum deployment stipulated by
the Client, if any for execution of “Works” and as per schedule agreed with EPI. The
CONTRACTOR shall make arrangement for regular maintenance including

Sign and Stamp of bidder Sign and Stamp of EPIL

 preventive and breakdown maintenance and maintain stock of essential spares at
site/near to site so as to ensure minimum breakdown time of equipment. The
equipment once brought to site shall not be allowed to be removed without the
consent of EPI. In case the CONTRACTOR fails to deploy sufficient equipment to
the satisfaction of EPI or in case of prolonged breakdown of equipment, EPI at its
sole discretion shall arrange the required equipment and debit all the related costs
including 10% overheads of EPI and shall recover the same from the due payments
of CONTRACTOR, including from its bank guarantees Retention money /other dues
available with EPI.

24. Priority of Work:

The contractor has to deploy resources and plan the work accordingly and nothing
extra shall be payable to the contractor on this account. The contractor has to
ensure safety of the occupants as to avoid any hazard to occupants.

25. If any tenderer withdraws his tender before the said period or issue of letter of
acceptance/intent, whichever is earlier, or makes any modifications in the terms and
conditions of the downloaded tender which are not acceptable to the EPIL, then the
EPIL shall, without prejudice to any other right or remedy, be at liberty to forfeit
entire amount of Earnest Money as aforesaid

26. The final bill will be submitted by the contractor within 60 days from the date of
acceptance of completion of work accompanied by the following documents :

a) Completion certificate issued by the Engineer-in-Charge specifying the handing

over of the work including list of inventories (fittings & fixtures)

b) Computerized stage wise payment schedule.

c) No claim certificate by the contactor.

d) No claim certificate from the sub-agencies / venders engaged by the contractor.

e) As built’ drawings.

f) Periodical services and measurement books.

g) Drawings for layout of underground cables and details showing location of sluice
valves, electric cable joints etc.

h) All operation and maintenance manuals.

i) All statutory approvals from various state / central govt. local bodies, if required for
completion & handing over of the work as included in scope of Contractor.

j) Manufacture’s guarantee of various machines / equipment’s installed as part of

works.

Sign and Stamp of bidder Sign and Stamp of EPIL

27. All the tests other than the field test which are to be done as per tender document
and specifications will be arranged by the respective party and all expenses etc.
shall be borne by the respective party and nothing will be paid/reimbursed to party
by EPI.

28. Suspension Of Business Dealings:

EPI shall be bound to suspend/ban any business dealings with any such contractor
who fails to perform or defaults/ deviates from the terms of tender/contract without
any reasonable cause, is responsible for loss of business/ money/ reputation to EPI,
indulges in malpractices, cheating, bribery, fraud or any other misconduct or
formation of cartels so as to influence the tendering process or influence the price.
Suspension of Business dealing involves putting a contractor on bench or banning a
contractor for business with EPI for a particular period not less than one (1) year
extending utmost till three (3) years.

29. Regarding - Modification of GCC clause no. 35 Recovery of Secured Advance

against non – perishable materials is as under.

Interest free secured advance up- to a maximum of 75% (seventy five percent) of
the Market value of the materials or the cost of materials as derived from the
tendered item rate of the Contractor. Whichever is less, required for incorporation in
the permanent works and brought to site and duly certified by EPI site Engineer
shall be paid to the contractor for all non-perishable items as per CPWD/ MORTH
(as the case may be) norms. The advance will be paid only on submission of
indemnity bond in the prescribed pro-forma. The Secured advance shall be
recovered from each Running Account bill against consumption to an extent they
are used and as certified by EPI Site-In charge. The contractor shall construct
suitable go down at the Site of work for safe storage of the materials against any
possible damages due to sun, rain, dampness, fire, theft etc. at his own cost. He
shall also employ necessary watch & ward establishment for the purpose at his cost
and risks such secured advance shall be payable on other items of key construction
materials, fragile and combustible with the approval of the Engineer-In-Charge
provided the contractor provides a comprehensive insurance cover for the full cost
of such materials. The decision of the Engineer-In-Charge shall be final and binding
on the Contractor in this matter. No secured advance shall however, be paid on
high-risk materials such as ordinary glass, sand, petrol etc.

30. Abnormally Low Bids (ALBs) :

GCC Clause No. 9.2 regarding Abnormally Low Bid is modified as below:

In case of abnormally low bid EPI may seek written clarifications from the bidder
including detailed price/rate analysis, time schedule etc.
After evaluation of the aforesaid clarification documents, EPI in order to ensure

Sign and Stamp of bidder Sign and Stamp of EPIL

 performance of the contract, may:

a. Obtain undertaking from the bidder instead of additional performance

security, to safeguard EPI interest.
b. Reject the bid/ proposal upon not being satisfied with the documents
submitted or upon failure to submit aforesaid undertaking by the bidders.

The decision of EPI on identification of Abnormally Low Bids (ALBs) shall be final
and binding on the bidder. In case the bidder doesn’t agree to the identification of
ALB or to submit aforesaid undertaking before award of the contract, EPI reserves
the right to suspend the bidder in terms of bid security declaration given by the
bidder. The above shall be read in conjunction with clause No. 9.2 of GCC.

31. Requirement of Technical Staff :

Rate at which
Designation
Minimum recovery shall be
(Principal Minimum
Sl. Qualification of Technical/ Number made from the
Discipline Experience
No. Technical contract or in the
Technical In Years
Representativ event of not
Representative)
e fulfilling
provision
Figures Words
Rupees
1. B.E/B.Tech Civil Project Forty
5 1 Rs.40000/
Manager/Site Thousand
Engineer
Rupees
1. Diploma Civil MEP 3 1 Rs.20000/ Twenty
Thousand
32 GCC clause no. 84 is modified as under

With the issue of Letter of Intent (LOI)/ Letter of Acceptance (LOA), the event of
signing of agreement shall be done only after receipt and verification of Security
Deposit Cum Performance Bank Guarantee (SDPG) or within such extended time,
as may be granted by EPI.
Subsequently, Letter of commencement of work (LOA) will be issued to Contractor
that will be reckoned as an actual date of start of work. The cost of stamp papers,
stamp duty, registration, if applicable on the contract, shall be borne by the
contractor. In case, the Contractor doesn’t sign the agreement as above, or doesn’t
start the work within scheduled times his Ernest Money is liable to be forfeited and
Letter of Intent consequently will stand withdrawn.

Sign and Stamp of bidder Sign and Stamp of EPIL

33 GCC clause no. 85 is modified as under:

i. The agreement as per the prescribed performa as enclosed to the additional

conditions of contract shall be signed at the office of EPI within days as per
GCC clause no. 84. The Contractor shall provide for signing of the contract
appropriate power of attorney in favour of the authorized representative duly
attested by Notary public and the requisite document/materials. Till a formal
contract is prepared and executed, the Letter of Intent read in conjunction
with the bidding document will constitute a binding contract.
ii. The agreement will be signed in two originals and three more copies, EPI
shall retain the “Original”, the Contractor shall be provided with the other
signed original and the remaining three copies will be retained by EPI. In
case of a dispute of any kind whatsoever, the “Original” retained by EPI
alone shall be treated as the “Original Agreement”.
iii. The Contractor shall provide free of cost to EPI all the engineering data,
drawings and descriptive material submitted along with the bid in at least five
(5) copies to form an integral part of the agreement within days as per GCC
clause no. 84.
iv. Subsequent to signing of the agreement, the Contractor at his own cost shall
provide to EPI with at least five (5) true hard bound copies of agreement
along with all the enclosures viz. Letter of Intent, Tender Documents etc.
within days as per above GCC clause no. 84.
34 Schedule of Recovery for Non-achievement of Milestone
Sl. Description of Time allowed in % Amount to be with-
No Milestone (Physical) days (from date held from balance work
of start) value in case of non-
achievement of mile
stone

(1) 1/3th of the whole of the 20 days time 5% of un-completed

work allowed amount as per MS

(2) 2/3th of the whole of the 35 days time 5% of un-completed

work allowed amount as per MS

(3) Whole of the work Full time allowed As per GCC Clause No.
72.1

Failure to achieve one or more milestones or failure to complete the work

within stipulated time period or justified extended time period, if any, shall
invite action under relevant clauses of the agreement with contractor for
delayed performance.

Further Project planning attached as annexure-I (project Planning) is part of

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 this NIT and monthly progress both physical and financial is to be achieved as
per the planning. Successful bidder has to give undertaking on non-judicial
stamp paper of value of Rupees 100/- for completion of work as per the
completion chart and the same undertaking is to be part of Agreement
between EPI and successful bidder.

Sign and Stamp of bidder Sign and Stamp of EPIL

 INDEX
Engineering Projects (India) Limited

INDEX

VOLUME - I

S.No. DESCRIPTION CLAUSE No. PAGE No.

1 INSTRUCTIONS TO TENDERERS - 1
2 LETTER OF UNDERTAKING - 7
3 FORM OF TENDER - 8
4 GENERAL CONDITIONS OF CONTRACT - 12
4.1 General 1.0 12
4.2 Site Visit and Collecting Local Information 2.0 13
4.3 Scope of Work 3.0 16
4.4 Validity of Tender 4.0 16
4.5 Acceptance of Tender 5.0 16
4.6 Set of Tender Documents 6.0 17
4.7 Earnest Money Deposit 7.0 17
4.8 Mobilization Advance 8.0 18
4.9 Security Deposit cum Performance Guarantee 9.0 19
4.10 Retention Money 10.0 21
4.11 Mobilization of Men, Materials & Machinery 11.0 21
4.12 Income Tax Deduction 12.0 22
4.13 Taxes and Duties 13.0 23
4.14 Royalty on Materials 14.0 24
4.15 Rates to be firm 15.0 24
4.16 Escalation / Price Variation 16.0 25
4.17 Insurance of Works 17.0 25
4.18 Insurance under Workmen’s Compensation Act 18.0 26
4.19 Third Party Insurance 19.0 26
4.20 Indemnity against Patent Rights 20.0 26
Labour Laws to be complied with by the
4.21 21.0 26
Contractor

Signature of Contractor Page (i) EPI

INDEX
Engineering Projects (India) Limited

S.No. DESCRIPTION CLAUSE No. PAGE No.

4.22 Labour Safety Provision 22.0 27

4.23 Observance of Labour Laws 23.0 27
4.24 Law Governing the Contract 24.0 27
4.25 Laws, Bye-Laws relating to the work 25.0 27
4.26 Employment of Personnel 26.0 28
4.27 Technical Staff for work 27.0 28
Land for Labour Huts / Site Office & Storage
4.28 28.0 29
Accommodation
4.29 Watch & Ward and Lighting 29.0 30
4.30 Health and Sanitary Arrangements 30.0 30
4.31 Workmen's Compensation Act. 31.0 30
4.32 Minimum Wages Act. 32.0 30
4.33 Labour Records 33.0 30
Release of Security Deposit after Labour
4.34 34.0 31
Clearance
Secured Advance against Non-Perishable
4.35 35.0 31
Materials
4.36 Measurements of works 36.0 31
4.37 Payments 37.0 32
4.38 Work on Sunday, Holidays and During Night 38.0 33
4.39 No Idle Charges towards labour or P&M etc. 39.0 33
Work to be executed in accordance with
4.40 40.0 33
Specifications, Drawings, Orders etc.
4.41 Direction for works 41.0 34
4.42 Order of Precedence of Documents 42.0 34
4.43 Time Schedule and Progress 43.0 35
4.44 Water and Electricity 44.0 36
4.45 Materials to be provided by the Contractor 45.0 36
4.46 Schedule of Quantities / Bill of Quantities 46.0 37

Anti-termite Treatment and Waterproof

4.47 47.0 38
Treatment

Signature of Contractor Page (ii) EPI

 INDEX
Engineering Projects (India) Limited

S.No. DESCRIPTION CLAUSE No. PAGE No.

4.48 India Standards 48.0 39

4.49 Centering and Shuttering 49.0 38
4.50 Proprietary Materials 50.0 39
4.51 Records of consumption of Cement and Steel 51.0 40
4.52 Materials and Samples 52.0 40
4.53 Tests and Inspection 53.0 42
4.54 Borrow Areas 54.0 42
4.55 Bitumen Work 55.0 43

4.56 Care of Works 56.0 43

4.57 Work in Monsoon and Dewatering 57.0 43

No Compensation for Cancellation / Reduction
4.58 58.0 43
of Works
4.59 Restriction of Sub-letting 59.0 44
Prohibition of Un-authorized Construction &
4.60 60.0 44
Occupation
4.61 Co-ordination with other Agencies 61.0 44
4.62 Setting out of the works 62.0 44
4.63 Notice Before Covering up the work 63.0 45
4.64 Site Clearance 64.0 45
4.65 Valuable Articles found at site 65.0 45
Materials obtained from Dismantlement to be
4.66 66.0 45
Owners property
4.67 Set Off of Contractor's Liabilities 67.0 45
4.68 Materials procured with the Assistance of EPI 68.0 46
4.69 Alteration in Specification, Design and Drawing 69.0 46
Action and Compensation payable in case of
4.70 70.0 49
Bad work
4.71 Possession prior to Completion 71.0 50
4.72 Compensation for Delay and Remedies 72.0 50
4.73 Withholding and Lien of payments 73.0 56

Signature of Contractor Page (iii) EPI

INDEX
Engineering Projects (India) Limited

S.No. DESCRIPTION CLAUSE No. PAGE No.

4.74 Defect Liability Period 74.0 58

4.75 Force Majeure 75.0 58
4.76 Arbitration and Jurisdiction 76.0 58
4.77 Suspension of Works 77.0 60
4.78 Termination of Contract on Death of Contractor 78.0 60
4.79 Clarification after Tender Submission 79.0 61
4.80 Addenda / Corrigenda 80.0 61
4.81 Quality Assurance Programme 81.0 61
4.82 Approval of Temporary / Enabling Works 82.0 62
Contract Co-ordination Procedures, Coordination
4.83 83.0 62
Meeting and Progress Reporting
4.84 Contract Agreement 84.0 62
4.85 Manner of Execution of Agreement 85.0 63
4.86 Purchase Preference to CPSEs 86.0 63
4.87 Change of Firms's constitution 87.0 63
4.88 Compliance with ISO Procedures 88.0 64
5 LABOUR SAFETY PROVISIONS - 65
MODEL RULES FOR THE PROTECTION OF
6 HEALTH AND SANITARY ARRANGEMENT FOR - 70
WORKERS.
7 CONTRACTOR'S LABOUR REGULATION - 77
8 PRESCRIBED PROFORMAS - 83
(a) Application For Extension Of Time I,Ii,IiI - 96
(b) Earnest Money Deposit Bank Guarantee - 100
Security Deposit Cum Performance Bank
(c) - 101
Guarantee
(d) Advance Bank Guarantee - 104
(e) Performance Bank Guarantee - 107
Proforma For Indemnity Bond For Secured
(f) 110
Advance
Guarantee Bonds For Anti-Termite And
(g) - 113
Waterproofing Treatment

Signature of Contractor Page (iv) EPI

 INDEX
Engineering Projects (India) Limited

(h) Agreement Form - 116

QUALITY CONTROL FORMATS AND
9 - 119
CHECKLISTS

Signature of Contractor Page (v) EPI

 Instructions to Tenderers
Engineering Projects (India) Limited

ENGINEERING PROJECTS (INDIA) LIMITED

(A Govt. of India Enterprise)
INSTRUCTIONS TO TENDERERS
1.0 MODE OF SUBMISSION
The Tender is to be submitted in two separate sealed covers marked as under :
ENVELOPE-1 :-
This ENVELOPE shall contain the following :
i) Earnest Money Deposit as per clause 2.0 of ‘Instructions to Tenderers’ (ITT).
ii) Letter of Undertaking for un-conditional acceptance of the tender conditions
as per proforma given in ITT.
iii) Pre-Qualification Documents and Credentials as per clause 19.0 of ITT.
iv) Volume-I (ITT, General Conditions of Contract),
Volume-II (Notice Inviting Tender, Additional Conditions of Contract,
Specifications, Drawings) and Corrigendum/ Addendum, if any, duly filled in,
signed and stamped on each page by tenderer. Cutting or over-writing, if any,
shall be signed and stamped by the person signing the Tender. All pro-forma
forming part of Tender Documents shall be filled in, signed and stamped by
the tenderer.
v) Copy of power of attorney / partnership deed, duly attested by Notary Public
authorizing the person who signs the Tender.
vi) Any other information as required to be submitted along-with the Tender.

This envelope shall be marked as :

ENVELOPE-1 “TECHNO-COMMERCIAL BID” FOR (Name of work as

mentioned in “Notice Inviting Tender”)
NIT No. : __________________________________
DUE ON : __________________________________
FROM : (Name of the Contractor)

ENVELOPE – 2 :-

This ENVELOPE shall contain only the Volume-III comprising of PRICE-BID.

This envelope shall be marked as :

ENVELOPE-2 : ‘PRICE-BID’ FOR (Name of Work as mentioned in

“Notice Inviting Tender”)
NIT No. : __________________________________
DUE ON : __________________________________
FROM : (Name of the Contractor)

Signature of Contractor Page 1 EPI

Instructions to Tenderers
Engineering Projects (India) Limited

Both the envelopes / packets shall be individually sealed and kept in an outer
envelope marked as :
TENDER FOR (Name of Work as mentioned in “Notice Inviting Tender”)
NIT No. : __________________________________
DUE ON : __________________________________
FROM : (Name of the Contractor)

The outer envelope shall be duly sealed and shall be delivered at place of
submission of Tender by the date and time fixed for receipt of Tender as
mentioned in “Notice Inviting Tender”. The Tenders received after the date and
time of Tender receipt shall not be considered and shall be returned to the
tenderer unopened. EPI shall not be responsible for any postal or other delays,
whatsoever and tenderer should take care to ensure the submission of Tender at
place of receipt of Tender by due date and time fixed for Tender receipt. All the
envelopes shall be addressed to the authority who has invited the Tender as
mentioned in “Notice Inviting Tender”.
1.1 First the Envelope-1 of the tenderer shall be opened. Tenderers who un-
conditionally accept the tender conditions, deposit the required Earnest Money
and whose Techno-Commercial Bid along with PQ Documents is found suitable
shall be considered for the opening of their Price Bid and Envelope-2 of such
tenderers shall only be opened. The Tenders not accompanied by requisite
Earnest Money and / or not conveying un-conditional acceptance of tender
conditions or whose Techno-Commercial Bid and PQ Documents are not found
suitable, shall be rejected and such tenderer shall not be allowed to attend Price
Bid opening i.e. opening of Envelope-2.
1.2 Once the tenderer has given an unconditional acceptance to the tender
conditions in its entirety, he is not permitted to put any remark(s) / condition(s)
(except unconditional rebate on price, if any) in / along with the ‘Price-Bid’ /
Tender.
1.3 In case the condition 1.2 mentioned above is found violated at any time after
opening of Tender, the Tender shall be summarily rejected and EPI shall, without
prejudice to any other right or remedy, be at liberty to forfeit the full said Earnest
Money absolutely.
2.0 EARNEST MONEY DEPOSIT
Earnest Money Deposit of amount as mentioned in “NIT/ITT/Memorandum” to
“Form of Tender” required to be submitted alongwith the Tender shall be in the
form of Demand Draft payable at place as mentioned in “NIT/ITT” in favour of EPI
Limited from any Nationalized / Scheduled Bank or in the form of Bank
Guarantee from any Nationalized / Scheduled Bank in enclosed format. The
EMD Bank Guarantee shall be valid for a minimum period of 150 (One Hundred
Fifty) days from last day of submission of Tender. The EMD shall be governed by
Clause 7.0 of General Conditions of Contract.

3.0 EPI reserves the right to reject any or all the Tenders in part or full without
assigning any reason whatsoever thereof. EPI does not bind themselves to

______________________________________________________________________________________
Signature of Contractor Page 2 EPI
 Instructions to Tenderers
Engineering Projects (India) Limited

accept the lowest Tender. EPI reserves the right to award the work to a single
party or to split the work amongst two or more parties as deemed necessary
without assigning any reason thereof. The Contractor is bound to accept the
portion of work as offered by EPI after split up at the quoted / negotiated rates.

4.1 FOR ITEM RATE TENDERS

4.1.1 The tenderers should quote the rates for items tendered by them in figures as
well as in words and the amounts in figures only. The amount for each item
should be worked out and the requisite totals and page totals given.

4.1.2 All corrections/cuttings should be signed by the tenderer. Each page of the
Tender should be signed by the tenderer. In the event of discrepancy between
rate in figures and words the rate quoted in words shall be treated as correct. In
case there is discrepancy between rate and amount worked out, the rate quoted
shall be taken as correct and not the amount.

4.1.3 Price shall be entered against each item in Bill of Quantities where quantities or
LS (lump-sump) has been mentioned. The cost of item against which the
Contractor has failed to enter a rate or price shall be deemed to be covered by
rates and prices of other items in the Bill of Quantities and no payment shall be
made for the quantities executed for items against which rate has not been
quoted by Contractor. No rate is to be quoted against items for which no quantity
is given. However, the Contractor has to quote rate against “LS” items.

4.2 FOR PERCENTAGE RATE TENDERS

4.2.1. In case of Percentage Rate Tenders, tenderer shall fill up in the Schedule / Bill of
Quantities, percentage Below/Above/Par (in figures as well as in words) to total
estimated cost given in Schedule / Bill of Quantities, he will be willing to execute
the work. The tenderer should quote a unique single percentage plus / minus
over the total estimated amount given in Schedule / Bill of Quantities. In case
more than one schedule is given, stipulating quoting of separate percentages
(plus or minus) over the estimated amount of each schedule, the tenderer can
quote separate percentages for each such schedule. Under no circumstances,
tenderer is allowed to quote separate percentages for individual items, trades or
group of items. In case tenderer quotes separate percentages for individual
items, trades or group of items instead of to the total amount of schedule(s), the
Tender shall be rejected and earnest money of the tenderer shall be forfeited in
totality.
4.2.2 In case of Percentage Rate Tenders, the tenderer shall also work out the total
amount of his offer after adding percentage (plus or minus) over the total
schedule amount and the same should be written in figures as well as in words in
such a way that no interpolation is possible.

4.2.3 In case of Percentage Rate Tenders, only percentage quoted shall be

considered. Any tender containing item rates is liable to be rejected. Percentage
quoted by the tenderer in Percentage Rate Tender shall be accurately filled in
figures and words. All corrections/cuttings should be signed by the tenderer.
Each page of the Tender should be signed by the tenderer. In the event of
discrepancy between percentage rate in figures and words, the percentage rate

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Instructions to Tenderers
Engineering Projects (India) Limited

quoted in words shall be treated as correct. In case there is discrepancy between

percentage rate and amount worked out the percentage rate quoted shall be
taken as correct and not the amount. For any other discrepancy, the decision of
Tender Scrutiny Committee of EPI shall be final & binding on the tenderer
including rejection of Tender and forfeiture of EMD.

5.0 The Tenders shall be strictly as per the conditions of contract. Tenders with any
additional condition(s)/modification(s) shall be rejected.

6.0 The witnesses to the Tender / Contract Agreement shall be other than the
tenderer / tenderers competing for this work and must indicate full name,
address, status/occupation with dated signatures.

7.0 The acceptance of Tender will rest with EPI. Tenders in which any of the
prescribed conditions are not fulfilled or found incomplete in any respect are
liable to be rejected.

8.0 Canvassing whether directly or indirectly in connection with Tenders is strictly

prohibited and the Tenders submitted by the Contractors who resort to
canvassing will be liable to rejection.

9.0 On acceptance of Tender, the name of the accredited representative(s) of the

Contractor who would be responsible for taking instructions from Engineer-In-
Charge or its authorised representative shall be intimated by the Contractor with
in 07 days of issue date of telegram / letter / telex / fax of Intent by EPI.

10.0 The tenderer shall not be permitted to Tender for works if his near relative is
posted as an Assistant Manager or any higher ranks in the concerned Regional
Office of EPI. The Contractor shall also intimate the names of persons who are
working with him in any capacity or are subsequently employed by him and who
are near relatives to any of the officers in EPI. Any breach of this condition by the
tenderer would render him liable to the withdrawal of the work awarded to him
and forfeiture of Earnest Money and Security Deposit. This may also debar the
Contractor from tendering for future works under EPI.

11.0 No employee of EPI of the rank of Assistant Manager and above is allowed to
work as a Contractor or as an employee of a Contractor having interest in EPI for
a period of two years after his retirement/relief from the service of EPI, without
the prior permission of EPI in writing. This contract is liable to be cancelled if
either the Contractor or any of his employee is found at any time to be such a
person who had not obtained the permission of EPI as aforesaid before
submission of the Tender or engagement in the Contractor’s service.

12.0 The time of completion of the entire work, as contained in contract shall be as
mentioned in “Memorandum” to “Form of Tender”, which shall be reckoned from
the 10th day from issue of the Letter / Telex / Telegram / Fax of Intent by the EPI.

13.0 The Tender award, execution and completion of work shall be governed by
Tender Documents consisting of (but not limited to) Letter of Intent / Letter of
work Order, Bill of Quantities, Additional Conditions of Contract, General
Conditions of Contract, Specifications, Drawings, etc. The tenderers shall be

______________________________________________________________________________________
Signature of Contractor Page 4 EPI
 Instructions to Tenderers
Engineering Projects (India) Limited

deemed to have gone through the various conditions and clauses of the Tender
and visited the Site and satisfied itself with Site conditions including sub-soil
water conditions, topography of the land, drainage and accessibility etc. or any
other condition which in the opinion of Contractor will affect his price / rates
before quoting their rates. No claim whatsoever against the foregoing shall be
entertained by EPI.

14.0 The Drawings given with the Tender Documents are TENDER DRAWINGS and
are indicative only.

15.0 Transfer of bid documents purchased by one intending bidder to another is not
permissible.

16.0 Tenders must be duly signed with date and sealed. An attested copy of power of
attorney/affidavit/Board Resolution executed as under shall accompany the
‘Tender Documents’.

a) In case of Sole Proprietorship, an affidavit of Sole Proprietorship and if the

Tender is signed by any other person Power of Attorney by the Sole
Proprietor in favour of signatory.

b) In case of Partnership firm, if Tender is not signed by all the partners, Power
of Attorney in favour of the Partner/person signing the tender/documents by
all the partners authorizing him to sign the tender/documents.

c) In case of Company, copy of the Board Resolution authorizing the signatory

to sign on behalf of the Company.

17.0 Tenders with following discrepancies are liable for rejection:-

a) Tenders with over-written or erased rates, percentages, amounts or rates,

percentages not written in both figures and words.

b) Tender that is incomplete, ambiguous, and not accompanied by the

documents asked for or submitted without EMD or with inadequate EMD.

c) Tender received after specified date/time whether due to postal or other

delays.

d) Tender in respect of which canvassing in any form is resorted to by the

tenderer whatsoever.

e) If the tenderer deliberately gives wrong information in his tender or resorts to

unfair methods in creating circumstances for the acceptance of his tender,
EPI reserves the right to reject such tender at any stage.

18.0 Submission of a tender by the tenderer implies that he has read the complete
contract documents and has made himself aware of the scope, terms &
conditions and specifications of the work to be done and of conditions at which
stores, tools, plant, etc. will be issued to him by EPI (if any), local conditions and

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Instructions to Tenderers
Engineering Projects (India) Limited

political situations and other factors having bearing on the execution of the
works. No claim of Contractor whatsoever, within the purview of this clause, shall
be entertained at any stage of the project.

19.0 Tenderer shall submit the following documents along with their Tenders in the
first envelope ( Techno-Commercial Bid) :-

a) List of works executed during the last 5 years indicating name of the Client,
value, date of start and completion.
b) List of works under execution indicating name of the Client, Total Contract
Value, Value of balance work in hand, date of start and completion.
c) Details of similar works executed.
d) Audited balance sheets and profit and loss accounts alongwith schedules for
the last 3 years.
e) Copy of latest income-tax returns filed along with PAN.
f) Details of manpower available.
g) Details of equipments, tools and plant available.
h) Credentials and completion certificates.
i) Registration Certificate/Memorandum and Articles of Association/Partnership
Deed/ Affidavit.
j) Copy of Provident Fund Number allotted by PF authorities.
k) Copy of letters of registration with various authorities like CPWD, State PWD,
MES and Public Sector Undertakings, etc.
l) Latest Solvency certificate from Nationalised/Scheduled Bank.
m) Latest Sales Tax Registratin and Clearance Certificate.
n) Any other document as stipulated above and in “Tender Documents’

20. Purchase Preference may be granted to the Central Public Sector Enterprises as
per the applicable guidelines in force in this regard issued by the Government of
India.

______________________________________________________________________________________
Signature of Contractor Page 6 EPI
 Instructions to Tenderers
Engineering Projects (India) Limited

LETTER OF UNDERTAKING

(TO BE ENCLOSED IN ENVELOPE-1 ALONGWITH EMD)

ENGINEERING PROJECTS (INDIA) LIMITED

(Address of submission as mentioned in “Notice Inviting Tender”)

REF. : TENDER FOR (Name of Work as mentioned in “Notice

Inviting Tender”)

NIT No. : __________________________________

Sir,
UNDERTAKING FOR ACCEPTANCE OF TENDER CONDITIONS

1. The Tender Documents for the work as mentioned in “Memorandum” to “Form of

Tender” have been issued to me / us by ENGINEERING PROJECTS (INDIA)
LIMITED and I / We hereby unconditionally accept the tender conditions and
Tender Documents in its entirety for the above work.

2. The contents of clause 1.2 and 1.3 of the Tender Documents (Instructions to
Tenderers) have been noted wherein it is clarified that after unconditionally
accepting the tender conditions in its entirety, it is not permissible to put any
remark(s) / condition(s) (except unconditional rebate on price, if any) in the
‘Price-Bid’ enclosed in “Envelope-2” and the same has been followed in the
present case. In case this provision of the Tender is found violated at any time
after opening “Envelope-2”, I / We agree that my/our tender shall be summarily
rejected and EPI shall, without prejudice to any other right or remedy be at liberty
to forfeit the full said Earnest Money absolutely.

3. The required Earnest Money for this work is enclosed herewith.

Yours faithfully,

(Signature of the Tenderer)

Seal of Tenderer

Dated :___________________

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Instructions to Tenderers
Engineering Projects (India) Limited

FORM OF TENDER

To,

Engineering Projects (India) Limited

(Address of submission as mentioned in “Notice Inviting Tender”)

REF. : TENDER FOR (Name of Work as mentioned in “Notice

Inviting Tender”)

NIT No. : __________________________________

1. I/We hereby tender for execution of work as mentioned in “Memorandum” to this

“Form of Tender” as per Tender Documents within the time schedule of
completion of work as per separately signed and accepted rates in the Bill of
Quantities quoted by me / us for the whole work in accordance with the Notice
Inviting Tender, Conditions of Contract, Specifications of materials and
workmanship, Bill of Quantities Drawings, Time Schedule for completion of jobs,
and other documents and papers, all as detailed in Tender Documents.

2. It is agreed that the time stipulated for jobs and completion of works in all
respects and in different stages mentioned in the “Time Schedule for completion
of jobs” and signed and accepted by me/us is the essence of the contract. I/We
agree that in case of failure on my/our part to strictly observe the time of
completion mentioned for jobs and the final completion of works in all respects
according to the schedule set out in the said “Time Schedule for completion of
jobs” and stipulations contained in the contract, the recovery shall be made from
me/us as specified therein. In exceptional circumstances extension of time which
shall always be in writing may, however be granted by EPI at its entire discretion
for some items, and I/We agree that such extension of time will not be counted
for the final completion of work as stipulated in the said “ Time schedule of
completion of jobs”.

3. I/We agree to pay the Earnest Money, Security Deposit cum Performance
Guarantee, Retention Money and accept the terms and conditions as laid down
in the “Memorandum” to this “Form of Tender”.

4. Should this Tender be accepted, I/We agree to abide by and fulfill all terms and
conditions referred to above and as contained in Tender Documents elsewhere
and in default thereof, allow EPI to forfeit and pay EPI, or its successors or its
authorized nominees such sums of money as are stipulated in the Tender
Documents.

5. I/We hereby pay the earnest money amount as mentioned in the “Memorandum”
to this “Form of Tender” in favour of Engineering Projects (India) Limited payable
at place as mentioned in the “NIT/ITT”.

______________________________________________________________________________________
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 Instructions to Tenderers
Engineering Projects (India) Limited

6. If I/we fail to commence the work within 10 days of the date of issue of Letter of
Intent and / or I/We fail to sign the agreement as per Clause 84 of General
Conditions of Contract and/or I/We fail to submit Security Deposit cum
Performance Guarantee as per Clause 9.0 & 9.1 of General Conditions of
Contract, I/We agree that EPI shall, without prejudice to any other right or
remedy, be at liberty to cancel the Letter of Intent and to forfeit the said earnest
money as specified above.

7. I/We are also enclosing herewith the Letter of Undertaking on the prescribed pro-
forma as referred to in condition of NIT.

Date the __________________________ day of _______________________________

SIGNATURE OF TENDERER

NAME (CAPITAL LETTERS) : _________________________________________

OCCUPATION _________________________________________

ADDRESS _______________________________________

_______________________________________

SEAL OF TENDERER

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Instructions to Tenderers
Engineering Projects (India) Limited

MEMORANDUM
(ENCLOSURE TO FORM OF TENDER)

REF. : TENDER FOR (Name of Work as mentioned in “Notice

Inviting Tender”)

NIT No. : __________________________________

Sl. Description Cl. Values / Description to be applicable for

No. No. relevant clause(s)
i) Name of work

ii) Owner/Client / Employer ______________________________________

iii) Type of Tender

iv) Earnest Money Deposit NIT Rs._________ (Rupees___________________

___________________ only).

v) Estimated Cost NIT Rs._________ (Rupees___________________

___________________ only).

vi) Time for completion of work NIT Total work to be completed in _____________
(____________________) in accordance with
the time schedule of completion of work in the
Tender Documents.

vii) Mobilization Advance 8.0 _______% (______________ Percent) of

Contract Value.

viii) Interest Rate on Mobilization 8.0 Simple Interest Rate of ______%(__________

Advance percent only) per annum.

ix) Number of Instalments for 8.0

recovery of Mobilisation ______________________________________
Advance
x) Schedule of Rates 69.0 Civil Works : ___________________________
applicable Sanitary Works : ________________________
Electrical Works : _______________________

xi) Validity of Tender 4.0 90 (Ninety) Days

xii) Security Deposit cum 9.0 5.00% (Five Percent only) of Contract Value
Performance Guarantee within 10 days from the date of issue of
telegram / letter / telex / FAX of Intent of
acceptance of Tender.

______________________________________________________________________________________
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 Instructions to Tenderers
Engineering Projects (India) Limited

xiii) Retention Money 10.0 5.00% (Five percent only) of the contract
amount, which shall be deducted in the manner
set out in this contract.

xiv) Time allowed for starting the 43.0 The date of start of contract shall be reckoned
work 10 days from the date of issue of telegram /
letter / telex / FAX of Intent of acceptance of
Tender.

xv) Defect Liability Period 74.0 12 (Twelve) Months from the date of taking
over of works.

xvi) Arbitration 76 Arbitration shall be as per provisions of Clause

no.76 of GCC. The Venue of Arbitration shall
be ………………………………

xvii) Jurisdiction 76.3 Courts in -------------------------------

SIGNATURE OF TENDERER

NAME (CAPITAL LETTERS) : _________________________________________

OCCUPATION _________________________________________

ADDRESS _________________________________________

_________________________________________

SEAL OF TENDERER

Signature of Contractor Page 11 EPI

General Conditions of Contract
Engineering Projects (India) Limited

GENERAL CONDITIONS OF CONTRACT

1.0 GENERAL
The Contract means the documents forming the Tender and acceptance thereof
and the formal agreement executed between the competent authority on behalf
of EPI and the Contractor, together with the documents referred to therein
including these conditions, the Specifications, Designs, Drawings and
Instructions issued from time to time by the Engineer-In-Charge and all these
documents taken together, shall be deemed to form one contract and shall be
complementary to one another.
1.1 In the contract, the following expressions shall, unless the context otherwise
requires, have the meanings, hereby respectively assigned to them.
1.2 Engineering Projects (India) Limited, hereinafter called ‘EPI’ proposes to get the
works executed as mentioned in the Contract on behalf of Owner/ Client.
1.3 The work will be executed as per Drawings “GOOD FOR CONSTRUCTION” to
be released by EPI unless otherwise specified elsewhere in the Tender
Documents.

1.4 OTHER DEFINITIONS

a) ENGINEER-IN-CHARGE means the Regional Office In-Charge of EPI
himself or an engineer of EPI nominated by the Regional Office In-Charge
for supervision and/or project management of the project from time to
time.

b) WORKS OR WORK The expression works or work shall unless there be

something either in the subject or context repugnant to such construction,
be construed and taken to mean the works by or by virtue of the contract
contracted to be executed whether temporary or permanent, and whether
original, altered, substituted or additional.

c) CONTRACTOR The Contractor shall mean the individual, firm or

company, whether incorporated or not, undertaking the works and shall
include the legal personal representative of such individual or the persons
composing such firm or company, or the successors of such firm or
company and the permitted assignees of such individual, firm or
company.

d) DRAWINGS mean the Drawings referred to in the Bill of Quantities,

specifications and any modifications of such Drawings or such other
Drawings as may from time to time be approved or furnished by EPI.
e) SITE means the lands and other places on, under, in or through which the
works are to be executed or carried out and any other lands or places
provided by EPI or used for the purpose of the agreement.

f) APPROVAL means approved in writing including subsequent written

confirmation of previous verbal approval.

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 General Conditions of Contract
Engineering Projects (India) Limited

g) WRITING means any manuscript typed, written or printed statement

under or over signature and/or seal as the case may be.

h) MONTH means English Calendar month. ‘Day’ means a Calendar day of

24 Hrs each.

i) CONTRACT VALUE means the sum for which the Tender is accepted as
per the Agreement/ Letter of Acceptance/ Letter of Intent.

j) LANGUAGE: All documents and correspondence in respect of this

contract shall be in English Language. In case of any discrepancy
between the English version and the Hindi version of these documents,
the provisions contained in the English version shall be applicable.

k) BILL OF QUANTITIES or SCHEDULE OF QUANTITIES means the

priced and completed Bill of Quantities or Schedule of Quantities forming
part of the Tender.

l) OWNER/ CLIENT / EMPLOYER means the Government, Organization,

Authority, Company, Ministry, Department, Society, Cooperative etc. who
has awarded the work/ project to EPI and/ or appointed EPI as
Implementing / Executing Agency/ Project Manager and/ or for whom EPI
is acting as an agent and on whose behalf EPI is entering into the
contract and getting the work executed.

m) IMPLEMENTING/ EXECUTING AGENCY means EPI

n) TENDER means the Contractor’s priced offer to EPI for the execution and
completion of the work and the remedying of any defects therein in
accordance with the provisions of the Contract, as accepted by the Letter
of Intent or Award letter. The word TENDER is synonymous with Bid and
the word TENDER DOCUMENTS with “Bidding Documents” or “offer
documents”.
o) The headings in the clauses/ conditions of Tender Documents are for
convenience only and shall not be used for interpretation of the clause/
condition.
p) Words imparting the singular meaning only also include the plurals and
vice versa where the context requires. Words imparting persons or parties
shall include firms and corporations and organizations having legal
capacities.
q) APPROVED INSURANCE COMPANY means any Insurance Company
registered with ‘Insurance Regulatory & Development Authority’ (IRDA) of
India and meeting insurance needs of the projects of EPI.
2.0 SITE VISIT AND COLLECTING LOCAL INFORMATION
Before tendering, the tenderer is advised to visit the Site, its surroundings to
assess and satisfy themselves about the local conditions such as the working
and other constraints at Site, approach roads to the Site, availability of water &
power supply, applicability of taxes, duties and levies etc., nature of ground, soil
and sub-soil condition, underground water table level, accommodations they may
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General Conditions of Contract
Engineering Projects (India) Limited

require etc., river regime, river water levels, other details of river, streams & any
other relevant information required by them to execute the complete scope of
work. The tenderer may obtain all necessary information as to risks, weather
conditions, contingencies & other circumstances (insurgencies etc.) which may
influence or affect their tender prices. Tenderer shall be deemed to have
considered Site conditions whether he has inspected it or not and to have
satisfied himself in all respects before quoting his rates and no claim or extra
charges whatsoever in this regard shall be entertained / payable by EPI at a later
date.

2.1 ACCESS BY ROAD

Contractor, if necessary, shall build temporary access roads to the actual Site of
construction for the works at his own cost to make the Site accessible. The
Contractor shall maintain the same in motorable condition at all times as directed
by Engineer-In-Charge at his own cost. The Contractor shall be required to
permit the use of any roads so constructed by him for vehicles of EPI or any
other agencies/ Contractors who may be engaged on the project Site, free of
cost.

Non-availability of access roads or approach to Site, for the use of the Contractor
shall in no case condone any delay in the execution of work nor be the cause for
any claim for compensation.

2.2 HANDING OVER & CLEARING OF SITE

2.2.1 The Contractor should note that area for construction may be made available in
phases as per availability and in conjunction with pace of actual progress of work
at Site. The work may be required to be carried out in constrained situations. The
work is to be carried out in such a way that the traffic, people movement, if any,
is kept operative and nothing extra shall be payable to the Contractor due to this
phasing / sequencing of the work. The Contractor is required to arrange the
resources to complete the entire project within total stipulated time. Traffic
diversion, if required, is to be done and maintained as per specification by the
Contractor at his own cost and the Contractor shall not be entitled for any extra
payment, whatsoever, in this regard.
2.2.2 Efforts will be made by EPI to handover the Site to the Contractor free of
encumbrances. However, in case of any delay in handing over of the Site to the
Contractor, EPI shall only consider suitable extension of time for the execution of
the work. It should be clearly understood that EPI shall not consider any revision
in contract price or any other compensation whatsoever viz. towards idleness of
Contractor’s labour, equipment etc.
2.2.3 The Contractor shall be responsible for removal of all over-ground and under-
ground structures (permanent, semi-permanent and temporary) and
constructions from the Site. The cost to be incurred in this regard shall be
deemed to be included in the quoted rates of Bill of Quantities items and
Contractor shall not be entitled for any extra payment whatsoever, in this regard.
Old structures on the proposed Site, if required, shall be demolished by the
Contractor properly. The useful material obtained from demolition of structures &

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 General Conditions of Contract
Engineering Projects (India) Limited

services shall be the property of the Owner/EPI and these materials shall be
stacked in workmanship like manner at the place specified by the Engineer- in-
charge.

2.2.4 If required, the Contractor has to do site clearance, enabling work, barricading,
diversion of Roads, shifting/ realignment of existing utility services, drains,
nallahs etc. at his own cost as per direction of Engineer-In-Charge and the
Contractor shall not be entitled for any extra payment whatsoever in this regard.

2.2.5 Necessary arrangements including its maintenance are to be made by the

Contractor for temporary diversion of flow of existing drain and road, as the case
may be. The existing drain, road would be demolished, wherever required, with
the progress of work under the scope of proposed project. The existing Road and
Drain, which are not in the alignment of the said project but are affected and/ or
need to be demolished during execution for smooth progress of the project, shall
be restored to its original status and condition (including black topping) by the
Contractor at his own. The cost to be incurred by Contractor in these regards
shall be deemed to be included in the quoted rates of the Bill of Quantities items
and Contractor shall not be entitled for any extra payment whatsoever, in these
regards.

2.2.6 The Contractor shall be responsible to co-ordinate with service provider/

concerned authorities for cutting of trees, shifting of utilities and removal of
encroachments etc. and making the Site unhindered for completion of work. This
shall include initial and frequent follow up meetings/ actions/ discussions with
each involved service provider/ concerned authorities. The Contractor shall not
be entitled for any additional compensation for delay in cutting of trees, shifting of
utilities and removal of encroachments by the service provider/ concerned
authorities.

2.2.7 The information about the public utilities (whether over ground or underground)
like electrical/ telephone/ water supply lines, OFC Cables, sewer lines, open
drains etc. is the responsibility of Contractor who has to ascertain the utilities that
are to be affected by the works through the site investigation and collection of
information from the concerned utility Owners.

2.2.8 The Contractor shall be responsible to obtain necessary approval from the
respective authorities for shifting/ re-alignment of existing public utilities. EPI shall
only provide necessary letters required for liaisoning by the Contractor in
obtaining the approval from the concerned authorities.

2.2.9 Any services affected by the works must be temporarily supported by the Contractor
who must also take all measures reasonably required by the various bodies to
protect their services and property during the progress of works. It shall be deemed
to be the part of the contract and no extra payment shall be made to the Contractor
for the same. Shifting/ re-alignment of public utilities should be done without
disturbing the existing one. New service lines should be laid and connected before
dismantling the existing one.

2.2.10 Shifting/ re-alignment of existing public utilities shall be done by the Contractor as
per technical requirement of respective bodies or as per direction of Engineer-In-
Charge. Shifting/ re-alignment of public utilities includes all materials, labours,

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General Conditions of Contract
Engineering Projects (India) Limited

tools and plants and any other expenses whatsoever for the same. The cost to
be incurred in this regard shall be deemed to be included in his quoted rates of
BOQ items and the Contractor shall not be entitled for any extra payment,
whatsoever, in this regard. In case any of these services are shifted by the State
Govt/ local authorities themselves for which deposit as per their estimates is to
be made to them, the Contractor shall deposit the same and the Contractor shall
be paid only at the rates quoted by him in BOQ for quantity specified in the BOQ,
if such items are included in the BOQ irrespective of amount paid by him to the
State Govt./ local authorities for execution of these works. In case such provision
is not made in the BOQ or the quantity exceeds those specified in the BOQ, the
same is deemed to be included in the rates quoted by him for other items in BOQ
and nothing extra shall be payable to Contractor on this account.

3.0 SCOPE OF WORK

3.1 The scope of work covered in this Tender shall be as per the Bill of Quantities,
Specifications, Drawings, Instructions, Orders issued to the Contractor from time
to time during the pendency of work. The Drawings for this work, which may be
referred for tendering, provide general idea only about the work to be performed
under the scope of this contract. These may not be the final drawings and may
not indicate the full range of the work under the scope of this contract. The work
will be executed according to the Drawings to be released as “GOOD FOR
CONSTRUCTION” from time to time by the Engineer-In-Charge of EPI and
according to any additions/ modifications/ alterations/deletions made from time to
time, as required by any other drawings that would be issued to the Contractor
progressively during execution of work. It shall be the responsibility of the
Contractor to incorporate the changes that may be in the scope of work,
envisaged at the time of tendering and as actually required to be executed.

3.2 The quantities of various items as entered in the “BILL OF QUANTITIES” are
indicative only and may vary depending upon the actual requirement. The
Contractor shall be bound to carry out and complete the stipulated work
irrespective of the variation in individual items specified in the Bill of Quantities.
The variation of quantities will be governed as per clause No.69 of GCC.

4.0 VALIDITY OF TENDER

The Tender for the works shall remain open for acceptance for a period of ninety
days from the date of opening of Price Bid of Tenders. The earnest money will be
forfeited without any prejudice to any right or remedy, in case the Contractor
withdraws his Tender during the validity period or in case he changes his offer to
his benefits, which are not acceptable to EPI. The validity period may be
extended on mutual consent.

5.0 ACCEPTANCE OF TENDER

EPI reserves to itself the authority to reject any or all the Tenders received
without assigning any reason. The acceptance of a Tender shall be effective
w.e.f. the date on which the telegram/ letter of intent or acceptance of the Tender
is put in the communication by EPI. EPI also reserves the right to split the work

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 General Conditions of Contract
Engineering Projects (India) Limited

among two or more parties at lowest negotiated rate without assigning any
reason thereof. The Contractor is bound to accept the portion of work as offered
by EPI after split up at the quoted/ negotiated rates.

6.0 SET OF TENDER DOCUMENTS:

The following documents will complete a set of Tender Documents.

A) VOLUME I :

a) Instructions to tenderers
b) General Conditions of Contract

B) VOLUME II :

a) Notice Inviting Tenders

b) Additional Conditions of Contract
c) Technical Specifications (General, Additional & Technical
specifications)
d) Tender Drawings

C) VOLUME III :

a) Schedule of Rates/ Bills of quantities (Price-Bid)

7.0 EARNEST MONEY DEPOSIT

Earnest Money Deposit (EMD) of amount as mentioned in “Memorandum” to

“Form of Tender” required to be submitted along with the Tender shall be in the
form of Demand Draft payable at place as mentioned in “Notice Inviting Tender”/
“Instructions to Tenderers” in favour of ‘Engineering Projects (India) Limited’ from
any Nationalised bank / Scheduled Bank or in the form of Bank Guarantee from
any Nationalised bank / Scheduled Bank as per the enclosed format. The EMD
shall be valid for minimum period of 150 days (One hundred fifty Days) from last
day of submission of Tender.

7.1 EMD shall accompany the offer and placed in the sealed envelope cover of the
offer as detailed in Instructions to Tenderer. Any tender not accompanied with
the requisite Earnest Money Deposit alongwith ‘Letter of Undertaking’ shall be
rejected and such tenderer(s) will not be allowed to attend the opening of bids.

7.2 The EMD of all unsuccessful tenderers (i.e. except evaluated lowest tenderer)
shall be returned within Seven (7) days of the opening of price bids by EPI.
Subject to clause 7.6 herein below, EMD of successful tenderer shall be
refunded after submission of Security Deposit cum Performance Guarantee by him.

7.3 Once the tenderer has given an unconditional acceptance to the tender
conditions in its entirety, he is not permitted to put any remark(s)/conditions(s)
(except unconditional rebate on price, if any) in/ along-with the Tender.

7.4 In case the condition 7.3 mentioned above is found violated at any time after
opening of Tender, the Tender shall be summarily rejected and EPI shall, without

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prejudice to any other right or remedy, be at liberty to forfeit the full said Earnest
Money absolutely.

7.5 No interest will be payable by EPI on the said amount covered under EMD/Other
security documents.

7.6 EMD of successful tenderer, if deposited in the form of Demand Draft, shall be
treated as part of Retention Money.

7.7 At any time after the due date of the Tender, if any tenderer alters
/modifies/withdraws his tender within the validity period (or the extended validity
period) of his tender or fails to furnish the “Security Deposit cum Performance
Guarantee” or the “Additional Performance Guarantee” or fails to execute the
“Contract Agreement” within the prescribed time period after the placement of
LOI on him, EPI without prejudice to any other rights or remedies shall be at
liberty to forfeit the Earnest Money deposited by the tenderer. In the event of re-
tender, such tenderer shall not be allowed to submit tender

8.0 MOBILIZATION ADVANCE

8.1 Mobilization advance up to maximum of amount as mentioned in the

“Memorandum” to the “Form of Tender” shall be paid to the Contractor on
submission of non-revocable and unconditional Bank Guarantee of an equivalent
amount in case of interest free Mobilization Advance or for an amount equal to
110% of the Mobilization Advance in case of interest bearing Mobilization
Advance, from a Nationalized Bank / Scheduled Bank as per the enclosed
Performa subject to conditions given hereunder. The Mobilization Advance shall
be at the Interest Rate as mentioned in the “Memorandum” to the “Form of
Tender”. This advance shall be paid in three installments as follows: -

i) First Installment of fifty percent of total mobilization advance shall be paid

after fulfillment of the following conditions:

a) Signing of the agreement.

b) Submission of Security Deposit cum Performance Guarantee as per
Clause No. 9.

ii) Second installment of twenty five percent of total mobilization advance will
be paid after the setting up of site office and providing facilities to EPI as per
contract, and completion of enabling works required for taking up the
construction. These include construction of store, labour hutments, etc.

iii) The balance twenty five percent of total mobilization advance shall be paid on
mobilization of manpower, plant & equipment etc. to the satisfaction of
Engineer-In-Charge of EPI.

8.2 The Advance shall be recovered on monthly installment basis. The installments
shall commence when 20% of the scheduled contract period has elapsed and
fully recovered when 80% of the scheduled contract period is over, both from

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date of start. (The month of start & completion of recovery of mobilization

advance to be rounded off to nearest full month).

8.3 Part ‘Bank Guarantees’ (BGs) against mobilization advance shall be furnished in
as many numbers as the number of recovery installments as given in
“Memorandum” to the “Form of Tender” and should be equivalent to the amount
of each recovery installment. At any point of time, if the Contractor’s payable
amount on account of work done is not available with EPI or the amount payable
is less than the recovery installment, recovery of such advance shall be effected
by encashing the BG of equivalent recovery amount. The decision of EPI in this
regard shall be final and binding on the Contractor. The validity period for the
part BGs shall be till three months after the end of the month in which instalment
is due to be recovered with further three months claim period.

8.4 In case recovery of Mobilization Advance is delayed, interest shall be charged

@12% (Twelve percent) per annum on delayed recoveries due to late
submission of bills by the Contractor or due to delayed encashment of Bank
Guarantee, as stated above or due to any other reasons whatsoever.

8.5 Contractor is required to furnish the Utilization Certificate for each installment of
mobilization advance to the satisfaction of Engineer-In-Charge. Subsequent
installments of mobilization advance shall be released only after getting
satisfactory utilisation certificate from the Contractor for the earlier released
installment.

8.6 Notwithstanding what is contained in aforesaid clauses, no mobilization advance

whatsoever shall be payable, if payment of mobilization advance is not
mentioned in the “Memorandum” to the “Form of Tender”.

9.0 SECURITY DEPOSIT CUM PERFORMANCE GUARANTEE

“Within 10 (ten) days from the date of issue of letter of Intent or within such
extended time as may be granted by EPI in writing, the Contractor shall submit to
EPI a Security Deposit cum Performance Bank Guarantee in the form appended,
from any Nationalised bank / Scheduled Bank equivalent to 5% (five percent
only) of the Contract Value for the due and proper execution of the contract. This
bank guarantee shall remain valid up to 90 (ninety) days after the end of defects
liability period.

In case the Contractor fails to submit the Security Deposit cum Performance
Guarantee of the requisite amount within the stipulated period or extended
period, letter of intent will stand withdrawn and EMD of Contractor shall be
forfeited.

9.1 ADDITIONAL PERFORMANCE GUARANTEE FOR EXISTING CONTRACTORS

In case bidder is a working Contractor of EPI at the time of issuance of Letter of

Intent (LOI) for the work, the bidder has to furnish an additional Performance
Guarantee of 1% (One Percent) of the Contract Value of the work, in case
working capacity of the bidder is less than the aggregate of balance work-load of
all the works of the bidder with EPI as on date of placement of LOI for this work.
The balance workload shall also include the value of work awarded but not yet

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started and finally approved value of this work. This additional Performance
Guarantee shall be in addition to the Security Deposit cum Performance
Guarantee of the works to be furnished by the bidder as specified in the clause
no. 9 of General Conditions of Contract. Further, no relaxation in Security
Deposit cum Performance Guarantee as in clause no. 9 of General Conditions of
Contract shall be made in case working capacity works-out to be more than the
balance value of works as mentioned above. The working capacity of the
Contractor shall be calculated as under:

WORKING CAPACITY = 2.5 X (Average Turnover of the party as per latest three
audited Balance Sheets).

NOTE: The decision of amount of additional Performance Guarantee as above

shall be taken by EPI and shall be final & binding to the Contractor.

In case the Contractor fails to submit the additional performance guarantee of the
requisite amount within 10 days from the date of issue of letter of Intent or within
such extended time as may be granted by EPI in writing, the letter of intent will
stand withdrawn and EMD of the Contractor shall be forfeited.

9.2 ABNORMALLY HIGH AND LOW RATED ITEMS

For item rate tenders if, the rates quoted by the lowest bidder for certain items of
the Bill of Quantities of the Tender are found to be abnormally high or low in
comparison to the Market Rate analysis of the item done by EPI and/or in
comparison to EPI’s method of working out market rate justification for the items,
the same shall be governed as under: -

For Abnormally High Rated items (AHR), the progressive payment shall be 80%
(Eighty percent) of the payment due to the Contractor against execution of the
AHR items. The balance withheld 20% (twenty percent) payment shall be
released after 80% of total value of the original contract is completed in financial
terms in order to ensure that the Abnormally Low Rated (ALR) items identified at
the time of Award of work have been executed as per requirement of project and
as per terms of Contract. Further, deviation limit for AHR items shall be nil on
plus side and 100% on minus side. The provision of deviation limit of clause
69.1(v) shall not apply to AHR items. In case of deviation of quantities given in
schedule of quantities for AHR items on plus side, the same shall be governed by
clause 69.2. The decision of Engineer-In-Charge of EPI in this regard shall be
final and binding on the Contractor.

The provision of para 9.2 shall not be applicable on tenders invited on

Percentage Rate/lump Sum basis.

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The decision of EPI on identification/marking of AHR and ALR items is final and
binding on the Contractor. In case the Contractor does not agree to the identified
AHR and ALR items, at the time of award of works, the EMD/Security Deposit
cum Performance Guarantee of the Contractor shall be forfeited and decision of
EPI in this regard shall be final & binding on the Contractor.

10.0 RETENTION MONEY

The Retention Money shall be deducted from each running bill of the Contractor
at 5% (five percent only) of the gross value of the Running Account bill. The
Earnest Money Deposited by the tenderer in the form of Demand Draft will be
treated as part of the Retention Money. The Retention Money shall be refunded
to the Contractor after expiry of defects liability period (referred to in Clause No.
74) or on payment of the amount of the final bill whichever is later. If the amount
of Retention Money deduction in cash is more than Rs.10.00 lakhs (Rupees Ten
lakhs only), the excess amount can be refunded to Contractor against
submission of Bank Guarantee of equivalent amount from a Nationalised bank /
Scheduled Bank in the prescribed proforma of Performance Guarantee of EPI.

11.0 MOBILIZATION OF MEN, MATERIALS AND MACHINERY:

11.1 All expenses towards mobilization at Site and de-mobilization including bringing
in equipment, work force, materials, dismantling the equipments, clearing the Site
etc. shall be deemed to be included in prices quoted and no separate payment
on account of such expenses shall be entertained.

11.2 It shall be entirely the Contractor’s responsibility to provide, operate and maintain
all necessary construction equipments, scaffoldings and safety gadget, lifting
tackles, tools and appliances to perform the work in a workman like and efficient
manner and complete all jobs as per the specifications and within the schedule
time of completion of work. Further, Contractor shall also be responsible for
obtaining temporary electric and water connection for all purposes. The
Contractor shall also make standby arrangement for water & electricity to ensure
un-interrupted supply.

11.3 It shall be the responsibility of the Contractor to obtain the approval for any
revision and/ or modification desired by him from EPI before implementation.
Also such revisions and/or modifications if accepted / approved by EPI shall be
carried at no extra cost to EPI.

11.4 The procurement and supply in sequence and at the appropriate time of all
materials and consumable shall be entirely the Contractor’s responsibility and his
rates for execution of work shall be inclusive of supply of all these items.

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11.5 It is mandatory for the Contractor to provide safety equipments and gadgets to its
all workers, supervisory and Technical staff engaged in the execution of the work
while working. The minimum requirement (but not limited to) shall be gumboots,
safety helmets, Rubber hand gloves, facemasks, safety nets, belts, goggles etc.
as per work requirements. Sufficient nos. of these equipments and gadgets shall
also be provided to EPI by the Contractor at his own cost for use of EPI Officials
and/ or workforce while working/ supervision at Site. No staff/ worker shall be
allowed to enter the Site without these equipments/ gadgets. The cost of the
above equipments/ gadgets are deemed to be included in the rates quoted by the
Contractor for the items & works as per Bill of Quantities and Contractor shall not
be entitled for any extra cost in these regard. The above norm is to be strictly
complied with at Site. In case the Contractor is found to be deficient in providing
Safety Equipments/ Gadgets in the opinion of Engineer-In-Charge, the Engineer-
In-Charge at his option can procure the same at the risk & cost of Contractor and
provide the same for the use of worksite and shall make the recoveries from the
bills of the Contractor for the same. The decision of the Engineer-In-Charge shall
be final and binding on Contractor in this regard.

11.6 All Designs, Drawings, Bill of Quantities, etc. (except Bar Bending Schedule,
Shop & Fabrication Drawings) for all works shall be supplied to the Contractor for
all buildings services and development works by EPI in phased manner as the
works progress. However it shall be the duty and responsibility of the Contractor
to bring to the notice of EPI in writing as to any variation, discrepancy or any
other changes required and to obtain revised drawings and designs and / or
approval of EPI in writing for the same.

11.7 One copy of contract documents including Drawings furnished to the Contractor
shall be kept at the Site and the same shall at all reasonable times be available
for inspection.

11.8 All materials, construction plants and equipments etc. once brought by the
Contractor within the project area, will not be allowed to be removed from the
premises without the written permission of EPI. Similarly all enabling works built
by the Contractor for the main construction undertaken by him, shall not be
dismantled and removed without the written authority of EPI.

11.9 Contractor shall have to prepare the Bar Bending Schedule, Shop and
Fabrication Drawings free of cost, if required for any of the items of work. Five
copies of these Drawings each including for revision will be submitted to EPI for
approval. Before executing the item, Bar Bending Schedule, Shop & Fabrication
Drawings should be got approved from EPI.

12.0 INCOME TAX DEDUCTION

Income tax deductions shall be made from all payments made to the Contractor
including advances against work done, in accordance with the Income Tax act
prevailing from time to time.

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13.0 TAXES AND DUTIES

13.1 The Contractor shall be responsible for the payment, wherever payable, at his
own cost of all taxes such as excise duty, custom duty, sales tax, including the
purchase tax, consignment tax, work contract tax, service tax, VAT or any other
similar tax in the state concerned, turnover tax, toll tax, octroi charges, royalty,
cess, levy and other tax (es) or duty (ies) which may be specified by local/ state/
central government from time to time on all materials, articles which may be used
for this work. The rates quoted by him in the Tender in Bill of Quantities shall be
inclusive of all such taxes, duties, etc. The imposition of any new and/ or
increase in the aforesaid taxes, duties, levies (including fresh imposition of Work
Contract Tax, Turnover Tax, Sales Tax on Work Contract, VAT or any other
similar Tax) etc. during the currency of the contract shall be borne by Contractor
and shall not be paid or reimbursed to the Contractor by EPI. In the event of non-
payment/default in payment of any octroi, royalty, cess, turnover tax, sales tax,
including the purchase tax, consignment tax, work contract tax, VAT, Service Tax
or any other similar tax in the state concerned, customs, excise or any other
levy/tax including labour dues etc. by Contractor, EPI reserves the right to with-
hold the dues/ payments of Contractor and make payment to local/state/ Central
Government authorities or to labourers as may be applicable. The Contractor
should submit along with the Tender Registration Certificates with Sales Tax on
works contract authority etc. other wise appropriate recovery shall be made from
his bills.

13.2 The rate quoted by the Contractor shall be deemed to be inclusive of all Taxes
and duties as mentioned in clause no.13.1 given above or any other tax as
applicable and the same shall not be reimbursed by EPI. Tax deductions at
source shall be made as per laws prevalent in the State.

13.3 The stamp duty and registration charges, if any, on the contract agreement levied
by the Government or any other statutory body, shall be paid by the Contractor.

13.4 It will be incumbent upon the Contractor to obtain a registration certificate as a

dealer under the Local Sales Tax Act and the Central Sales Tax Act, Service
Tax, etc. and necessary evidence to this effect shall be furnished by the
Contractor to EPI. Sales Tax on the transactions between the Contractor and his
Sub-Contractor/Vendors etc. shall be borne by the Contractor. The Contractor
shall be responsible for any taxes that may be levied hereunder on the
transaction between Contractor and EPI.

13.5 The bidder shall quote his rates inclusive of Turnover Tax/ Sales Tax on Works
Contract payable to State Govt. along-with other taxes, duties, levies etc. in
conjunction with other terms and conditions. In case, the Turnover Tax/ Sales
Tax on Works Contract on execution of works is waived off by the State Govt. at
later stage for this project, the equivalent amount from the date of waiver of such
tax (as per prevailing rate as on the date of waiver of Turnover Tax/ Sales Tax on
Works Contract) shall be deducted from the amount payable to the Contractor
from subsequent RA Bills.

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13.6 VALUE ADDED TAX (VAT)

The consideration agreed for the execution of said contract shall include the
taxes, duties, cess, etc. such as excise duty, service tax, VAT, which is leviable
or may be levied in future under any State Law or the Central Law on execution
of said contract, such taxes shall be borne by the Contractor and shall not be
reimbursed by EPI. Further, if due to any variance in such tax, duties, cess etc.
there is any increase in the taxes, the same shall also be borne by the
Contractor. Where under any of the State or the Central Law, there is
requirement of deduction of tax at source, the same shall be deducted from the
amount paid or payable to the Contractor pursuant to this contract and shall be
deposited to the Government authorities by EPI. EPI shall issue the
documents/forms/ certificate as prescribed under the relevant law, in respect of
the amount so deducted from the amount paid or payable to the Contractor. EPI
shall have full rights to withhold the amount payable to the Contractor in pursuant
to this contract, if Contractor does not fulfill his obligation under any State or
Central Law relating to execution of said contract, in case the amount has
already been paid by EPI, EPI has the right to recover such payments from the
Contractor.

14.0 ROYALTY ON MATERIALS:

The Contractor shall deposit royalty and obtain necessary permit for supply of
bajri, stone, kankar, sand, etc. from the local authorities and quoted rates shall
be inclusive of royalty.

15.0 RATES TO BE FIRM

15.1 The rates quoted by the tenderer shall be firm and fixed for the entire period of
completion and till handing over of the work. No revision to rates or any
escalation shall be allowed on account of any increase in prices of materials,
labour, POL and Overheads etc or any other statutory increase during the entire
contract period or extended contract period.

15.2 The Contractor shall be deemed to have inspected the Site, its surrounding and
acquainted itself with the nature of the ground, accessibility of the Site and full
extent and nature of all operations necessary for the full and proper execution of
the contract, space for storage of materials, construction plant, temporary works,
restrictions of working time, restrictions on the plying of heavy vehicles in area,
supply and use of labour, materials, plant, equipment and laws, rules and
regulations, if any, imposed by the local authorities.

15.3 The rates and prices to be tendered in the Bill of Quantities are for completed
and finished items of works complete in all respects. It will be deemed to include
all construction plant, labour, supervision, materials, transport, all temporary
works, erection, maintenance, Contractor’s profit and establishment/ overheads,
together with preparation of designs & drawings pertaining to casting yard, shop
drawing, fabrication drawing (if required), staging form work, stacking yard, etc.
all general risk, taxes, royalty, duties, cess, octroi and other levies, insurance,

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liabilities and obligations set out or implied in the Tender Documents and
contract.

15.4 Unless otherwise specified in the Bill of Quantities (BOQ), the Contractor has to
make his own arrangement for dewatering/ bailing out of water, effluent including
strutting, shoring etc at every stage of work wherever required (including Tunnel
work) including working under foul condition as per direction of Engineer-In-
Charge at his own cost and the Contractor shall not be entitled for any extra
payment, whatsoever, in this regard.

15.5 If required to make work site suitable for execution, Contractor shall have to clear
jungle including of rank vegetation, grass, trees etc., clear & clean existing drains/
canals (including strutting, shoring and packing cavities) and dispose them out of the
Site up-to any lead and lift as per direction of Engineer-In-Charge. The Contractor
should inspect the Site of work from this point of view. Unless otherwise specified in
the Bill of Quantities, the cost to be incurred in this regard shall be deemed to be
included in his quoted rates of BOQ items and the Contractor shall not be entitled for
any extra payment in this regard.

15.6 If any temporary/ permanent structure is encountered or safety of such structure

in the vicinity is endangered due to execution of the project, the Contractor has to
protect the structures by any means as per direction of Engineer - in – Charge. If
any damage caused to any temporary or permanent structure(s) in the vicinity is
caused due to execution of the project, the Contractor has to make good the
same by any means as per direction of Engineer - in – Charge. The Contractor
should inspect the Site of work from this point of view. The cost to be incurred in
this regard shall be deemed to be included in his quoted rates of BOQ items and
the Contractor shall not be entitled for any extra payment in this regard.

16.0 ESCALATION / PRICE VARIATION

No claim on account of any Price Variation / Escalation on whatsoever ground

shall be entertained at any stage of works. All rates as per Bill of Quantities
(BOQ)/Price-Bid quoted by Contractor shall be firm and fixed for entire contract
period as well as extended period for completion of the works. No
escalation/price variation clause shall be applicable on this contract.

17.0 INSURANCE OF WORKS ETC.

Contractor is required to take Contractor’s All Risk Policy or Erection All Risk
Policy (as the case may be) including Marine Insurance from an Approved
Insurance Company in the joint name with EPI and bear all costs towards the
same for the full period of execution of works including the defect liability period
for the full amount of contract against all loss or damage from whatever cause
arising for which he is responsible under the terms of the contract and in such
manner that EPI and the Contractor are covered during the period of construction
of works and/or also covered during the period of defect liability for the loss or
damage as under:

a. The work and the temporary works to the full value of such works.

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b. The materials, construction plant, centering, shuttering and scaffolding

materials and other things brought to the Site for their full value.
Whenever required by EPI, the Contractor shall produce the policy or the
policies of insurance and the receipts for payment of the current
premiums.

18.0 INSURANCE UNDER WORKMEN’S COMPENSATION ACT

Contractor is required to take insurance cover as per requirement of the

Workmen’s Compensation Act, 1923 amended from time to time from an
Approved Insurance Company and pay premium charges thereof. Wherever
required by EPI the Contractor shall produce the policy or the policies of
Insurance and the receipt of payment of the current premiums.

19.0 THIRD PARTY INSURANCE

Contractor is required to take third party insurance cover for an amount of 5%

(five percent) of Contract Value from an Approved Insurance Company for
insurance against any damage, injury or loss which may occur to any person or
property including that of EPI, arising out of the execution of the works or
temporary works. Wherever required by EPI the Contractor shall produce the
policy or the policies of Insurance and the receipt of payment of the current
premiums.

In case of failure of the Contractor to obtain insurance for works, insurance under
Workman Compensation Act and Third Party insurance as described above
within one month from the date of commencement of work, running account
payments of the Contractor shall be withheld till such time the aforesaid
insurance covers are obtained by the Contractor.

20.0 INDEMNITY AGAINST PATENT RIGHTS

The Contractor shall fully indemnify EPI from and against all claims and
proceedings for or on account of any infringement of any patent rights, design,
trademark or name or other protected rights in respect of any construction plant,
machine, work or material used for in connection with the works or temporary
works.

21.0 LABOUR LAWS TO BE COMPLIED WITH BY THE CONTRACTOR

The Contractor shall obtain a valid licence under the contract labour (Regulation
& Abolition) Act 1970 and the Contract Labour Act (R&A) Central Rules 1971 and
amended from time to time, and continue to have a valid licence until the
completion of the work including defect liability period. The Contractor shall also
abide by the provision of the child labour (Prohibition and Regulation) Act. 1986
and as amended from time to time. Any failure to fulfill this requirement shall
attract the penal provisions of this contract arising out of the resultant non-
execution of the work.

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The Contractor shall comply with the provisions of the payment of Wages Act,
1936, Minimum Wages Act, 1948, Employer's Liability Act, 1938, Workmen's
Compensation Act, 1923, Maternity Benefit Act, 1961 and Mines Act -1932,
Industrial Disputes Act, 1947 or any modifications thereof or any other law
relating thereto and rules made there under from, time to time.

21.1 No labour below the age of 18 years shall be employed on the work.

22.0 LABOUR SAFETY PROVISION

The Contractor shall be fully responsible to observe the labour safety provisions.

23.0 OBSERVANCE OF LABOUR LAWS

23.1 The Contractor shall be fully responsible for observance of all labour laws
applicable including local laws and other laws applicable in this matter and shall
Indemnify and keep indemnified EPI against effect of non observance of any
such laws. The Contractor shall be liable to make payment to all its employees,
workers and sub-Contractors and make compliance with labour laws. If EPI or
the Client/ Owner/ Employer is held liable as “Principal Employer” to pay any
amount or contributions etc. under legislation of Govt. or Court decision in
respect of the employees of the Contractor, then the Contractor would reimburse
the amount of such payments, contribution etc. to EPI and/ or same shall be
deducted from the payments, Retention Money etc. of the Contractor.

23.2 The Contractor shall submit proof of having valid EPF registration certificate. In
absence of the said certificate payment to the extent of 4.70% (four point seven
percent) of the value of all the Running Account bills may be withheld by EPI and
shall be released only after the production of the EPF registration certificate from
the concerned authorities. If it is incumbent upon EPI to deposit withheld amount
with EPF authorities, the withheld amount shall be deposited by EPI with EPF
authorities. In such a case EPI shall not refund this withheld amount to the
Contractor even after the production of EPF registration certificate.

23.3 The Contractor shall be liable to pay cess levied under the Building and other
Construction Workers Welfare Cess Act, 1996, at such rates as may be notified
by the Government from time to time. EPI shall deduct at source from every
Running Account Bill of the Contractor, the said cess, at such rates for the time
being prevailing, which shall not exceed 2% (two percent) but not be less than
1% (one percent) of the cost of construction incurred by EPI.

24.0 LAWS GOVERNING THE CONTRACT

This contract shall be governed by the Indian Laws for the time being in force
and amended from time to time.

25.0 LAWS, BYE LAWS RELATING TO THE WORK

The Contractor shall strictly abide by the provisions, for the time being in force, of
law relating to works or any regulations and bye laws made by any local authority
or any water & lighting agencies or any undertakings within the limits of the

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jurisdiction of which the work is proposed to be executed. The Contractor shall be

bound to give to the authorities concerned such notices and take all approvals as
may be provided in the law, regulations or bye laws as aforesaid, and to pay all
fees and taxes payable to such authorities in respect thereof.

26.0 EMPLOYMENT OF PERSONNEL

26.1 The Contractor shall employ only Indian Nationals as his representatives,
servants and workmen after verifying their antecedents and loyalty. He shall
ensure that no personnel of doubtful antecedents & integrity and any other
nationality in any way are associated with the works.

26.2 EPI shall have full power to get removed immediately any representative, agent,
servant and workmen or employees of the Contractor on account of misconduct,
negligence or incompetence or whose continued employment may in the opinion
of the Engineer-In-Charge be undesirable without assigning any reason for the
removal. The Contractor shall not be allowed any compensation on this account
whatsoever.

27.0 TECHNICAL STAFF FOR WORK

27.1 The Contractor shall employ at his cost the adequate number of technical staff
during the execution of this work depending upon the requirement of work. For
this purpose the numbers to be deployed, their qualification, experience as
decided by EPI shall be final and binding on Contractor. The Contractor shall not
be entitled for any extra payment in this regard. The technical staff should be
available at Site, whenever required by EPI to take instructions.

27.2 Within 15 days from the date of letter of intent, the Contractor shall submit a site
organizational chart and Resume including details of experience of the Project-in-
Charge and other staff proposed by him and shall depute them on the Project
after getting approval from Engineer-In-Charge. If desired by the Contractor at
later date, the Project-in-Charge and other staff whose resume is approved by
EPI can be replaced with prior written approval of EPI and replacement shall be
with equivalent or superior candidate only. Decision of Engineer-In-Charge shall
be final and binding on the Contractor.

Even after approving the site organizational chart, the Engineer-In-Charge due to
nature and exigency of work can direct the Contractor to depute such additional
staff as in view of Engineer-In-Charge is necessary and having qualification and
experience as approved by the Engineer-In-Charge. The removal of such
additional staff from the Site shall only be with the prior written approval of
Engineer-In-Charge. The Contractor shall not be paid anything extra whatsoever
on account of deployment of additional staff and decision of the Engineer-In-
Charge shall be final and binding on the Contractor.

27.3 In case the Contractor fails to employ the staff as aforesaid, he shall be liable to
pay a reasonable amount not exceeding a sum of Rs. 25,000 (Rupees Twenty
Five Thousand only) for each month of default in the case of each person. The

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decision of the Engineer-In-Charge as to number of Technical Staff to be

adequate for the project and the period for which the required technical staff was
not employed by the Contractor and as to the reasonableness of the amount to
be deducted on this account shall be final and binding on the Contractor.

28.0 LAND FOR LABOUR HUTS/ SITE OFFICE AND STORAGE ACCOMMODATION

28.1 The Contractor shall arrange the land for temporary office, storage
accommodation and labour huts at his own cost and get the clearance of local
authorities for setting up of labour camp and cost of same is deemed to be
included in the rates quoted by the Contractor for the works. The Contractor shall
ensure that the area of labour huts is kept clean and sanitary conditions are
maintained as laid down by the local authorities controlling the area. The labour
huts shall be so placed that it does not hinder the progress of work or access to
the worksite. The vacant possession of the land used, for the purpose shall be
given back by Contractor after completion of the work. The Retention Money of
the Contractor shall be released only after Contractor demolishes all structures
including foundations and gives back clear vacant possession of this land.

28.2 In the event the Contractor has to shift his labour camp at any time during
execution of the work on the Instructions of local authorities or as per the
requirement of the work progress or as may be required by EPI, he shall comply
with such instructions at his cost and no claim whatsoever shall be entertained
on this account.

28.3 FURNISHED OFFICE ACCOMMODATION & MOBILITY AND COMMUNICATION

TO BE PROVIDED BY CONTRACTOR TO EPI

On acceptance of Tender, the Contractor at his own cost will construct a suitable
furnished office at Site equipped with basic facilities such as telephone(s), fax,
internet, photocopier, computer(s) & printer(s) alongwith operator(s), regular
electricity & drinking water supply and vehicles for staff etc. as per the
requirement of the project. The Contractor shall provide consumable as required
and maintain the aforesaid facilities intact/operational during the currency of the
contract including the defects liability period. The Contractor shall also make
sufficient arrangement for photography/ videography preferably by maintaining a
camera/video camera at Site so that photographs video can be taken of any
specific activity at any point of time. The Contractor shall also provide software
like MS Project etc. for the purpose of preparing progress report, etc.

28.4 The Contractor shall make all arrangements for ground breaking ceremony/
inaugural function etc for the project as required and the cost towards it is
deemed to be included in his rates/offer. Any expenditure already incurred/to be
incurred by EPI, shall be recovered from the Contractor.

28.5 PROTECTION OF TREES

Trees designated by the Engineer-In-Charge shall be protected from damage during

the course of the works and earth level within one meter of each such tree shall not

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be changed. Where necessary, such trees shall be protected by providing temporary

fencing.

29.0 WATCH & WARD AND LIGHTING

The Contractor shall at his own cost take all precautions to ensure safety of life
and property by providing necessary barriers, lights, watchmen etc. during the
progress of work as directed by Engineer-In-Charge.

30.0 HEALTH & SANITARY ARRANGEMENTS

In case of all labour directly or indirectly employed in work for the performance on
the Contractor’s part of this contract, the Contractor shall comply with all rules
and regulations framed by Govt. from time to time for the protection of health and
sanitary arrangements for workers.

31.0 WORKMEN’S COMPENSATION ACT

The Contractor shall at all times indemnify EPI and Owner against all claims for
compensation under the provision of Workmen’s Compensation Act,1923 or any
other law in force, for any workmen employed by the Contractor or his sub-
Contractor in carrying out the contract and against all costs and expenses
incurred by EPI therewith.

32.0 MINIMUM WAGES ACT

The Contractor shall comply with all the provisions of the Minimum Wages Act,
1948, Contract Labour Act (R&A) 1970, and rules framed thereunder and other
labour laws/local laws affecting contract labour that may be brought into force
from time to time.

33.0 LABOUR RECORDS

The Contractor shall submit by the 4th & 19th of every month to the Engineer-In-
Charge of EPI a true statement, showing in respect of the second half of the
preceding month and the first half of the current month, respectively, of the
following data :-

a) The number of the labour employed by him (category-wise).

b) Their working hours.

c) The wages paid to them.

d) The accidents that occurred during the said fortnight showing the
circumstances under which they happened and the extent of damage and
injury caused.

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e) The number of female workers who have been allowed Maternity Benefits
under the Maternity Benefit Act,1962 and the amount paid to them.

f) Any other information required by Engineer-In-Charge.

34.0 RELEASE OF RETENTION MONEY AFTER LABOUR CLEARANCE

Retention Money of the work shall not be refunded till the Contractor produces a
clearance certificate from the concerned Labour Officer. As soon as the work is
virtually complete, the Contractor shall apply for the clearance certificate to the
concerned Labour Officer under intimation to the Engineer-In-Charge. The
Engineer-In-Charge, on receipt of the said communication, shall write to the
Labour Officer to intimate if any complaint is pending against the Contractor in
respect of the work. If no complaint is pending, on record till three months after
completion of the work and/or no communication is received from the Labour
Officer to this effect till six months after the date of completion, it will be deemed
to have received the clearance certificate and the Retention Money will be
released if otherwise due.

35.0 SECURED ADVANCE AGAINST NON-PERISHABLE MATERIALS

Interest free secured advance up-to a maximum of 75 % (seventy five percent) of
the Market Value of the materials or the cost of materials as derived from the
tendered item rate of the Contractor, whichever is less, required for incorporation
in the permanent works and brought to Site and duly certified by EPI Site
Engineer shall be paid to the Contractor for all non-perishable items as per
CPWD/ MORTH (as the case may be) norms. The advance will be paid only on
submission of Indemnity Bond in the prescribed pro-forma. The advance shall be
recovered in full from next Running Account bill and fresh advance paid for the
balance quantities of materials. The Contractor shall construct suitable godown
at the Site of work for safe storage of the materials against any possible
damages due to sun, rain, dampness, fire, theft etc. at his own cost. He shall also
employ necessary watch & ward establishment for the purpose at his costs and
risks Such secured advance shall be payable on other items of perishable
nature, fragile and combustible with the approval of the Engineer-In-Charge
provided the Contractor provides a comprehensive insurance cover for the full
cost of such materials. The decision of the Engineer-In-Charge shall be final and
binding on the Contractor in this matter. No secured advance shall however, be
paid on high-risk materials such as ordinary glass, sand, petrol, diesel etc.

36.0 MEASUREMENTS OF WORKS

36.1 Unless otherwise mentioned in the Bill of Quantities the measurements of works
shall be done as per CPWD/MORTH specifications (as specified in Technical
Specification of the Tender) and if the same is not given in the CPWD/MORTH
Specifications, the same shall be measured as per latest relevant BIS codes in
force. The quantity of steel reinforcement and the structural steel sections
incorporated in the work shall be measured & paid on the basis of standard
coefficients of sections as per BIS Codes of practice.

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36.2 The Engineer-In-Charge shall except as otherwise stated ascertain and

determine by measurement the value of work done in accordance with the
contract.

36.3 All items having financial value shall be entered in Measurement Book, level
book, etc. prescribed by EPI so that a complete record is obtained of all work
performed under the contract. Items of non-financial value (which are not
payable) may also be entered in Measurement Book at the sole discretion of the
Engineer-In-Charge.

36.4 Measurements shall be taken jointly by the Engineer-In-Charge or his authorized

representative and by the Contractor or his authorized representative.

36.5 Before taking measurements of any work the Engineer-In-Charge or the

authorized person deputed by him for the purpose shall give a reasonable notice
to the Contractor. If the Contractor fails to attend or send an authorized
representative for measurement after such a notice or fails to countersign or to
record the objection within a week from the date of measurement, then in any
such event measurement taken by the Engineer-In-Charge or by the person
deputed by him shall be taken to be correct measurements of the work.

36.6 The Contractor shall, without extra charge provide assistance with every
appliance, labour and other things necessary for measurement.

Measurements shall be signed and dated by both parties each day on the Site on
completion of measurement.

37.0 PAYMENTS
37.1 The bill shall be submitted by Contractor each month on or before the date fixed
by the ENGINEER-IN-CHARGE for all works executed in previous months. The
Contractor shall prepare computerized bills using the program as approved by
Engineer-In-Charge as per prescribed format/ pro-forma. The Contractor shall
submit five numbers of hard copies and one soft copy of floppy/ CD for all bills.
Subject to clause 37.3 herein below, the payment due to the Contractor shall be
made within fifteen days of getting the measurements verified from the Engineer-
In-Charge or his subordinate/ representative and certification of bill by the
Engineer-In-Charge.

37.2 All running payments shall be regarded as ‘on account’ payments against the
final payment only and not as payments for work actually done and completed
and / or accepted by EPI and shall not preclude the recovery for bad, unsound
and imperfect or unskilled work to be removed and taken away and
reconstructed or re-erected or be considered as an admission of the due
performance of the Contract, or any part thereof, in this respect, or the accruing
of any claim, nor shall it conclude, determine or affect in any way the powers of
EPI under these conditions or any of them as to the final settlement and
adjustments of the accounts or otherwise, or in any other way vary/ affect the
contract. The final bill shall be submitted by the Contractor within three months of

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the completion of work, otherwise EPI’s certificate of the measurement and of the
total amount payable for the work accordingly shall be final and binding on
Contractor. Each Running Bill should be accompanied by two sets of at-least 20
(twenty) photographs as per direction of Engineer-In-Charge taken from various
points depicting status of work as on Report/ Bill date along with Monthly
Progress Report for the concerned month in the pro-forma to be given/ approved
by Engineer-In-Charge. Intermittent progress photographs as and when required
shall also be provided by the Contractor at his own cost as per direction of
Engineer-In-Charge. No payment of running account bill shall be released unless
it is accompanied by progress photographs and Monthly Progress Report as
above.

37.3 It is clearly agreed and understood by the Contractor that notwithstanding

anything to the contrary that may be stated in the agreement between EPI and
the Contractor, the Contractor shall become entitled to payment only after EPI
has received the corresponding payment(s) from the Client/ Owner for the work
done by the Contractor. Any delay in the release of payment by the Client/ Owner
to EPI leading to delay in the release of the corresponding payment by EPI to the
Contractor shall not entitle the Contractor to any compensation/ interest from
EPI.

37.4 All payments shall be released by EPI by Account Payee Cheque from any of its
offices in India directly at the address notified by the Contractor (Postage
charges shall be charged to the Contractor’s account). In case of Payments is
made by Demand Draft at the request of the Contractor, Bank Commission
charges shall be debited to the account of Contractor.

38.0 WORK ON SUNDAYS, HOLIDAYS AND DURING NIGHT

For carrying out work on Sunday and Holidays or during night, the Contractor will
approach the Engineer-In-Charge or his representative at least two days in
advance and obtain his permission. The Engineer-In-Charge at his discretion can
refuse such permission. The Contractor shall have no claim on this account
whatsoever. If work demand, the Contractor shall make arrangements to carry
out the work on Sundays, Holidays and in two, three shifts with the approval of
Engineer-in- Charge at no extra cost to EPI.

39.0 NO IDLE CHARGES TOWARDS LABOUR OR PLANT & MACHINERY ETC.

No idle charges or compensation shall be paid for idling of the Contractor’s

labour, staff or Plant & Machinery etc. on any ground or due to any reason
whatsoever. EPI will not entertain any claim in this respect.

40.0 WORK TO BE EXECUTED IN ACCORDANCE WITH SPECIFICATIONS,

DRAWINGS, ORDERS, ETC.

The Contractor shall execute the whole and every part of the work in the most
substantial and workman like manner both as regards materials and otherwise in
every respect in strict accordance with the specifications. The Contractor shall
also conform exactly, fully and faithfully to the Design, Drawings and Instructions

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in writing in respect of the work assigned by the Engineer-In-Charge and the

Contractor shall be furnished free of charge one copy of the Contract Documents
together with Specifications, Designs, Drawings.

The Contractor shall comply with the provisions of the contract and execute the
works with care and diligence and maintain the works and provide all labour and
materials, tools and plants including for measurements and supervision of all
works, structural plans and other things of temporary or permanent nature
required for such execution and maintenance in so far as the necessity for
providing these is specified or is reasonably inferred from the contract. The
Contractor shall take full responsibility for adequacy, suitability and safety of all
the works and methods of construction.

41.0 DIRECTION FOR WORKS

41.1 All works to be executed under the contract shall be executed under the direction
and subject to approval in all respect of the Engineer-In-Charge of EPI who shall
be entitled to direct at what point or points and in what manner works are to be
commenced and executed.

41.2 The Engineer-In-Charge and his representative shall communicate or confirm

their instructions to the Contractor in respect of the execution of work during their
Site inspection in a ‘Works Site Order Book’ maintained at the site office of
Engineer-In-Charge. The Contractor or his authorized representative shall
confirm receipt of such instructions by signing against the relevant orders in the
book. The Contractor shall be bound to sign the site order book as and when
required by Engineer-In-Charge and carry out compliance of instructions
promptly to the satisfaction of Engineer-In-Charge.

42.0 ORDER OF PRECEDENCE OF DOCUMENTS

42.1 In case of difference, contradiction, discrepancy, dispute with regard to

Conditions of Contract, Specifications, Drawings, Bill of Quantities and Rates
quoted by the Contractor and other documents forming part of the contract, the
following shall prevail in order of precedence.

i) Contract Agreement
ii) Fax, Telegram or Letter of Intent, detailed letter of Work Order along with
statement of agreed variations and its enclosures.
iii) Description in Bill of Quantity / Schedule of Quantities
iv) Additional Conditions of Contract.
v) Technical specifications (General / Special Technical Specification) as given
in the Tender Documents.
vi) General Conditions of Contract.
vii) Drawings
viii) CPWD/ MORTH specifications (as specified in Technical Specification of the
Tender) update with correction slips issued up to last date of receipt of
Tenders.

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ix) Relevant B.I.S. Codes.

42.2 If there are varying or conflicting provisions made in any one document forming part
of the contract, the Engineer-In-Charge shall be the deciding authority with regard
to the intention of the document which shall be final and binding on the Contractor.

42.3 Any error in description, quantity or rate in the Schedule of Quantities/items or Bill
of Quantities or any omission there from shall not vitiate the contract or release the
Contractor from the execution of the whole or any part of the works comprised
therein according to the Drawings and Specifications or from any of his obligations
under the contract.

43.0 TIME SCHEDULE & PROGRESS

43.1 Time allowed for carrying out all the works as entered in the Tender shall be as
mentioned in the “Memorandum” to the “Form of Tender” which shall be
reckoned from the 10th day from the date on which the letter/ telegram of Intent
is issued to the Contractor. Time shall be the essence of the contract and
Contractor shall ensure the completion of the entire work within the stipulated
time of completion.

43.2 The Contractor shall also furnish within 10 days from the date of letter/ telegram
of Intent, a CPM network/ PERT chart/ Bar Chart for completion of work within
stipulated time. This will be duly got approved from EPI. This approved Network/
PERT Chart shall form a part of the agreement. Achievement of milestones as
well as total completion has to be within the time period allowed.

43.3 Contractor shall mobilize and employ sufficient resources for completion of all the
works as indicated in the agreed BAR CHART/Network. No additional payment
will be made to the Contractor for any multiple shift work or other incentive
methods contemplated by him in his work schedule even though the time
schedule is approved by the Engineer-In-Charge.

43.4 During the currency of the work the Contractor is expected to adhere to the time
schedule on miles stone and total completion and this adherence will be a part of
Contractor’s performance under the contract. During the execution of the work
Contractor is expected to participate in the review and updating of the Network/
BAR CHART undertaken by EPI. These reviews may be undertaken at the
discretion of EPI either as a periodical appraisal measure or when the quantum
of work order on the Contractor is substantially changed through deviation orders
or amendments. The review shall be held at Site or any of the offices of EPI/
Owner or Consultant of EPI/ Owner at the sole discretion of EPI.

43.5 If at any time, it appears to the Engineer-In-Charge that the actual progress of
work does not conform to the approved programme referred above, the
Contractor shall produce a revised programme showing the modifications to the
approved programme by additional inputs to ensure completion of the work within
the stipulated time. The Contractor will adhere to the revised schedule thereafter.
The approval to the revised schedule resulting in a completion date beyond the

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stipulated date of completion shall not automatically amount to a grant of

extension of time to the Contractor.

43.6 Contractor shall submit fortnightly/ Monthly (as directed by Engineer-In-Charge)

progress reports (5 copies) on a computer based program (program and software
to be approved by Engineer-In-Charge) highlighting status of various activities
and physical completion of work.

43.7 The Contractor shall send completion report along with as built drawings and
maintenance schedule to the office of Engineer-In-Charge, of EPI in writing within
a period of 30 days of completion of work.

44.0 WATER AND ELECTRICITY

The Contractor shall make his own arrangement for Water & Electrical power for
construction and other purposes at his own cost and pay requisite electricity and
water charges. The Contractor shall also make standby arrangement for water &
electricity to ensure un-interrupted supply.

45.0 MATERIALS TO BE PROVIDED BY THE CONTRACTOR

The Contractor shall, at his own expense, provide all materials, required
including Cement & Steel for the works.

The Contractor shall at his own expense and without delay, supply to the
Engineer-in- Charge samples of materials to be used on the work and shall get
the same approved in advance. All such materials to be provided by the
Contractor shall be in conformity with the specifications laid down or referred to in
the contract. The Contractor shall, if requested by the Engineer-in- Charge
furnish proof, to the satisfaction of the Engineer-In-Charge that the materials so
comply.

The Contractor shall at his risk and cost submit the samples of materials to be
tested or analyzed and bear all charges and cost of testing unless specifically
provided for otherwise elsewhere in the contract or specifications. The Engineer-
In-Charge or his authorized representative shall at all times have access to the
works and to all workshops and places where work is being prepared or from
where materials, manufactured articles or machinery are being obtained for the
works and the Contractor shall afford every facility and every assistance and cost
in obtaining the right and visit to such access.

The Engineer-In-Charge shall have full powers to require the removal from the
premises of all materials which in his opinion are not in accordance with the
specifications and in case of default, the Engineer-In-Charge shall be at liberty to
employ at the expense of the Contractor, other persons to remove the same
without being answerable or accountable for any loss or damage that may
happen or arise to such materials. The Engineer-In-Charge shall also have full
power to require other proper materials to be substituted thereof and in case of
default, the Engineer-In-Charge may cause the same to the supplies and all

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costs which may require such removal and substitution shall be borne by the
Contractor.

45.1 CEMENT AND CEMENT GODOWN

Cement shall be procured by Contractor of 43 Grade conforming to BIS : 8112

Specification latest edition or higher Grade as directed by the Engineer-In-
Charge. The cement shall be procured directly from the reputed manufacturers/
stockist, which will have to be got approved from EPI in advance. Relevant
vouchers and test certificates will be produced as and when required. The
cement shall be stored by the Contractor in such suitable covered and lockable
stores, well protected from climate and atmospheric effect. The cement godown
shall be constructed by the Contractor as per CPWD specifications at his own
cost. The cement will remain under double lock, one from EPI and other from
Contractor. The cement in bags shall be stored in godowns in easy countable
position. Cement bags shall be used on first in first out basis. Cement stored for
beyond 90 days will be required to be tested at Contractors cost, before use in
works.

45.2 STEEL & STEEL STOCKYARD

Steel conforming to BIS specifications (latest edition) shall be procured by the

Contractor directly from reputed manufacturers/producers as approved by EPI.
The manufacturer has to give a certificate that the material supplied is not a re-
rolled product. Relevant vouchers & test certificates will be produced by the
Contractor. Re-rolled sections will not be allowed.

Reinforcement steel, structural steel shall be stored and stacked in such manner
so as to facilitate easy identification, removal etc. The Contractor shall take
proper care to prevent direct contact between the steel and the ground/ water for
which he shall provide necessary arrangement at his own cost including ensuring
proper drainage of area to prevent water logging as per directions of the
Engineer-In-Charge. If required, the reinforcement steel shall also be protected,
by applying a coat of neat cement slurry over the bars for which no extra
payment shall be made.

Test certificates for each consignment of steel shall be furnished and tests to be
got carried out by the Contractor at his own cost from the authorized laboratory
as per the directions of Engineer-In-Charge, before incorporating the materials in
the work.

46.0 SCHEDULE OF QUANTITIES / BILL OF QUANTITIES

46.1 The quantities shown against the various items of work are only approximate
quantities, which may vary as per the actual requirement at Site.

46.2 All items of work in the Bill of Quantities/ schedule of quantities shall be carried
out as per the CPWD/ MORTH (as the case may be) specifications, drawings
and instructions of the ENGINEER-IN-CHARGE of EPI and the rates shall
include for supply of required materials including proper storage, consumables,
skilled & unskilled labour, supervision, tools, tackles, plant & machinery complete

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as called for in the detailed specifications and conditions of the contract. No item,
which is not covered in the Bill of Quantities, shall be executed by the Contractor
without the approval of EPI. In case any Extra/Substituted item is carried out
without specific-approval, the same will not be paid.

47.0 ANTI-TERMITE TREATMENT & WATER PROOF TREATMENT

47.1 Pre-construction treatment shall be carried out in co-ordination with the building
work and shall be executed in such a manner that the civil works are not
hampered or delayed by the anti-termite treatment. The treatment shall be
carried out as detailed in BIS: 6313 (Part-II) latest revision. The waterproof
treatment shall be of type and specifications as given in the schedule of
quantities.

47.2 The treatment against water-proofing of basement, roofs, water retaining areas
and termite infestation shall be and remain fully effective for a period of not less
than 10(Ten) years to be reckoned from the date of expiry of the Defect Liability
period, prescribed in the contract. At any time during the said guarantee period if
EPI finds any defects in the said treatment or any evidence of re-infestation,
dampness, leakage in any part of buildings or structure and notifies the
Contractor of the same, the Contractor shall be liable to rectify the defect or give
re-treatment at his own cost and shall commence the work or such rectification or
re-treatment within seven days from the date of issue of such letter to him. If the
Contractor fails to commence such work within the stipulated period, EPI may get
the same done by another agency at the Contractor’s cost and risk and the
decision of the Engineer-In-Charge of EPI for the cost payable by the Contractor
shall be final and binding upon him.

47.3 Re-treatment if required shall be attended to and carried out by the Contractor
within seven days of the notice from Engineer-In-Charge of EPI.

47.4 EPI reserves the right to get the quality of treatment checked in accordance with
recognized test methods and in case it is found that the chemicals with the
required concentration and rate of application have not been applied, or the
water proof treatment is not done as per specifications, the Contractor will be
required to do the re-treatment in accordance with the required concentration &
specifications at no extra cost failing which no payment for such work will be
made. The extent of work thus rejected shall be determined by EPI.

47.5 Water proofing and anti-termite treatment shall be got done through approved /
specialized agencies only with prior approval of Engineer-In-Charge.

47.6 The Contractor shall make such arrangement as may be necessary to safeguard
the workers and residents of the building against any poisonous effect of the
chemicals used during the execution of the work.

47.7 During the execution of work, if any damage shall occur to the treatment already
done, either due to rain or any other circumstances, the same shall be rectified
and made good to the entire satisfaction of Engineer-In-Charge by the Contractor
at his cost.

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47.8 The Contractor shall make his own arrangement for all equipments required for
the execution of the job.

47.9 The Contractor shall execute Guarantee Bond in the prescribed form as
appended for guaranteeing the anti-termite treatment and waterproof treatment.

48.0 INDIAN STANDARDS

Wherever any reference is made to any IS in any particular specifications,

Drawings or Bill of Quantities, it means the Indian Standards editions with the
amendments current at the last date of receipt of Tender Documents.

49.0 CENTERING & SHUTTERING

Marine plywood only or steel plates of minimum thickness as approved by

Engineer-In-Charge shall be used for formwork. The shuttering plates shall be
cleaned and oiled after every repetition and shall be used only after obtaining
approval of EPI’s Engineers at Site. The number of repetitions allowed for
plywood and steel shuttering shall be at the discretion of Engineer-In-Charge of
EPI depending upon the condition of shuttering surface after each use and the
decision of ENGINEER-IN-CHARGE in this regard shall be final and binding on
the Contractor. No claim whatsoever on this account shall be admissible.

50.0 CONTROLLED MATERIALS

50.1 The following Controlled materials shall be brought to Site after the approval of
EPI.
a) Water proofing compound.
b) Cement
c) Steel
d) Primer/ Paints/ Varnish etc.
e) Bitumen
f) Chemical for anti termite treatment
g) Any other materials as per discretion of EPI.

50.2 The quantity of Controlled materials shall be measured and recorded in the
Measurement books and signed by the Contractor and the Engineer-In-Charge
as a check to ensure that the required quantities as required for execution of
works as per specifications have been brought to Site for incorporation in the
work.

50.3 Controlled materials brought at Site shall be stored as directed by EPI and those
already recorded in Measurement book, shall be suitably marked for
identification.

50.4 The Contractor shall ensure that the Controlled materials are brought to Site in
original sealed containers or packing bearing manufacturer’s markings and

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brands (except where the quantity required is a fraction of the smallest packing).
Materials not complying with this requirement shall be rejected. The empty
containers of such Controlled materials shall not be destroyed/ disposed-off
without the written permission of EPI.

50.5 The Contractor shall produce receipted vouchers showing quantities of the
materials to satisfy Engineer-In-Charge that the materials comply with the
specifications. These vouchers shall be endorsed, dated and initialed by
Engineer-In-Charge giving the contract number and name of work and a certified
copy of each such voucher signed both by EPI and the Contractor shall be kept
on record.

50.6 When the cost of each category of materials is less than Rs.5000/- production of
vouchers may not be insisted upon if EPI is otherwise satisfied with the quality
and quantity of materials.

51.0 RECORDS OF CONSUMPTION OF CEMENT & STEEL

51.1 For the purpose of keeping a record of cement and steel received at Site and
consumption in works, the Contractor shall maintain a properly bound register in
the form approved by EPI, showing columns like quantity received and used in
work and balance in hand etc. This register shall be signed daily by the
Contractor’s representative and EPI’s representative.

51.2 The register of cement & steel shall be kept at Site in the safe custody of EPI’s
Engineer during progress of the work. This provision will not, however, absolve
the Contractor from the quality of the final product.

51.3 In case cement or steel quantity consumed is lesser as compared to the

theoretical requirement of the same as per CPWD/MORTH (as the case may be)
specifications/ norms, the work will be devalued and/ or a penal rate (i.e. double
the rate at which cement/ steel purchased last) recovery for lesser consumption
of cement/ steel shall be made in the item rates of the work done subject to the
condition that the tests results fall within the acceptable criteria as per
CPWD/MORTH (as the case may be) specifications otherwise the work shall
have to be dismantled and redone by the Contractor at no extra cost.

In case of cement, if actual consumption is less than 98% of the theoretical

consumption, a recovery shall be effected from the Contractor’s dues at the
penal rate for the actual quantity that is lower than 98% of theoretical
consumption.

52.0 MATERIALS AND SAMPLES

52.1 The materials/ products used on the works shall be one of the approved make/
brands out of list of manufacturers/ brands/ makes given in the Tender
Documents. The Contractor shall submit samples/ specimens out of approved
makes of materials/ products to the Engineer-In-Charge for prior approval. In

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exceptional circumstances Engineer-In-Charge may allow alternate equivalent

makes/ brands of products/ materials at his sole discretion. The final choice of
brand/ make shall remain with the Engineer-In-Charge, whose decision in this
matter shall be final and binding and nothing extra on this account shall be
payable to the Contractor.

In case single brand/ make is mentioned, other equivalent makes/ brands may be
considered by the Engineer-In-Charge with prior approval. In case of variance in
CPWD/ IS/BIS Specifications from approved products/ makes specification, the
specification of approved product/ make shall prevail for which nothing shall be
paid extra to the Contractor.

In case no make or brand of any materials, articles, fittings and accessories etc.
is specified, the same shall comply with the relevant Indian Standard
Specifications and shall bear the ISI/BIS mark. The Engineer of EPI and the
Owner shall have the discretion to check quality of materials and equipments to
be incorporated in the work, at source of supply or site of work and even after
incorporation in the work. They shall also have the discretion to check the
workmanship of various items of work to be executed in this work. The
Contractor shall provide the necessary facilities and assistance for this purpose.

52.2 The above provisions shall not absolve the Contractor from the quality of final
product and in getting the material and workmanship quality checked and
approved from the Engineer-In-Charge of EPI.

52.3 The Contractor shall well in advance, produce samples of all materials, articles,
fittings, accessories etc. that he proposes to use and get them approved in
writing by EPI. The materials articles etc. as approved shall be labelled as such
and shall be signed by EPI and the Contractor’s representative.

52.4 The approved samples shall be kept in the custody of the Engineer- in-Charge of
EPI till completion of the work. Thereafter the samples except those destroyed
during testing shall be returned to the Contractor. No payment will be made to
the Contractor for the samples or samples destroyed in testing.

52.5 The brands of all materials, articles fittings etc. approved together with the names
of the manufacturers and firms from which supplies have been arranged shall be
recorded in the Site Order Book.

52.6 The Contractor shall set up and maintain at his cost, a field testing laboratory for all
day-to-day tests at his own cost to the satisfaction of the Engineer-In-Charge. This
field testing laboratory shall be provided with equipment and facilities to carry out all
mandatory field tests as per CPWD/MORTH (as the case may be) specifications.
The laboratory building shall be constructed and installed with the appropriate
facilities; Temperature and humidity controls shall be available wherever necessary
during testing of samples.

All equipments shall be provided by the Contractor so as to be compatible with

the testing requirements specified. The Contractor shall maintain all the
equipments in good working condition for the duration of the contract.

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The Contractor shall provide approved qualified personnel to run the laboratory
for the duration of the Contract. The number of staff and equipment available
must at all times be sufficient to keep pace with the sampling and testing
programme as required by the Engineer-In-Charge.

The Contractor shall fully service the site laboratory and shall supply everything
necessary for its proper functioning, including all transport needed to move
equipment and samples to and from sampling points on the Site, etc.

The Contractor shall re-calibrate all measuring devices whenever so required by

the Engineer-In-Charge and shall submit the results of such measurements
without delay.

All field tests shall be carried out in the presence of EPI’s representative. All
costs towards samples, materials, collection, transport, manpower, testing,
including concrete mix-design etc. shall be borne by the Contractor and are
deemed to be included in the rates quoted by him in the Bill of Quantities.

53.0 TESTS AND INSPECTION

53.1 The Contractor shall carry out the various mandatory tests as per specifications
and the technical documents that will be furnished to him during the performance
of the work. All the tests on materials, as recommended by CPWD, MORTH (as
the case may be) and relevant Indian Standard Codes or other standard
specifications (including all amendments current at the last date of submission of
Tender Documents) shall be got carried out by the Contractor at the field testing
laboratory or any other recognized institution/ laboratory, at the direction of EPI.
All testing charges, expenses etc. shall be borne by the Contractor. All the tests,
either on the field or outside laboratories concerning the execution of the work
and supply of materials shall be got carried out by the Contractor or EPI at the
cost of the Contractor.

53.2 WORKS TO BE OPEN TO INSPECTION

All works executed or under the course of execution in pursuance of this contract
shall at all times be open to inspection and supervision of EPI. The work during
its progress or after its completion may also be inspected, by Chief Technical
Examiner of Government of India (CTE) and/ or an inspecting authority of State
Government of State in which work is executed and/or by third party checks by
Owner/ Clients. The compliance of observations/ improvements as suggested by
the inspecting officers of EPI/CTE/ State authorities/ Owners shall be obligatory
on the part of the Contractor at the cost of Contractor.

54.0 BORROW AREAS

The Contractor shall make his own arrangements for borrow pits and borrow
disposal areas including their approaches and space for movement of men,
machinery, other equipments as required for carrying out the works. The
Contractor shall be responsible for taking all safety measures, getting approval,

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making payment of royalties, charges etc. and nothing extra shall be paid to the
Contractor on this account and unit rates quoted by the Contractor for various
items of Bill of Quantities shall be deemed to include the same.

55.0 BITUMEN WORK

The Contractor shall be responsible for arranging Bitumen/Tar of required grade

from source to be approved by the Engineer-In-Charge. No Bitumen work shall
be carried out on wet surface or in rainy conditions.

56.0 CARE OF WORKS

From the commencement to the completion of works and handing over, the
Contractor shall take full responsibility for care of all the works and in case of any
damage/loss to the works or to any part thereof or to any temporary works due to
lack of precautions or due to negligence on part of Contractor, the same shall be
made good by the Contractor at his own cost.

57.0 WORK IN MONSOON AND DEWATERING

The execution of the work may entail working in the monsoon also. The
Contractor must maintain labour force as may be required for the job and plan
and execute the construction and erection according to the prescribed schedule.
No special/ extra rate will be considered for such work in monsoon. The
Contractor’s rate shall be considered inclusive of cost of dewatering required, if
any and no extra rate shall be payable on this account.

58.0 NO COMPENSATION FOR FORECLOSURE/CANCELLATION/ REDUCTION

OF WORKS

If at any time after the commencement of the work EPI shall for any reason
whatsoever is required to abandon the work or does not require the whole work
thereof as specified in the Tender to be carried out, the Engineer-In-Charge shall
give notice in writing of the fact to the Contractor, who shall have no claim to any
payment of compensation whatsoever on account of any profit or advantage
which he might have derived from the execution of the work in full, but which he
did not derive in consequence of the full amount of the work not having been
carried out or on foreclosure, neither shall he have any claim for compensation
by reason of any alterations having been made in the original Specifications,
Drawings, Designs and Instructions which shall involve any curtailment of the
work as originally contemplated.

Provided that the Contractor shall be paid the charges on the cartage only of
materials actually and bonafide brought to the Site of the work by the Contractor
and rendered surplus as a result of the abandonment or curtailment of the work
or any portion thereof and then taken back by the Contractor, provided however,
that the Engineer-In-Charge shall have in all such cases the option of taking over
all or any such materials at their purchase price or at local current rates
whichever may be less. In the case of such stores having been issued by EPI

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and returned by the Contractor to EPI, credit will be given to him by the Engineer-
In-Charge at rates not exceeding those at which they were originally issued to
him after taking into consideration any deduction for claims on account of any
deterioration or damage while in the custody of the Contractor and in this respect
the decision of the Engineer-In-Charge shall be final.

59.0 RESTRICTION ON SUBLETTING

59.1 The Contractor shall not sublet or assign the whole or part of the works except
where otherwise provided, by the contract and even then only with the prior
written consent of EPI and such consent if given shall not relieve the Contractor
from any liability or obligation under the contract and he shall be responsible for
the acts, defaults or neglects of any sub-Contractor, his agents, servants or
workmen as full as if they were the acts, defaults or neglects of the Contractor,
his agent, servants or workmen provided always that the provision of labour on
piece work basis shall not be deemed to be a subletting under this clause.

59.2 The Contractor may entrust specialist items of works to the agencies specialized
in the specific trade. The Contractor shall give the names and details of such firm
whom he is going to employ for approval of EPI. These details shall include the
expertise, financial status, technical manpower, equipment, resources and list of
works executed and on hand of the specialist agency. Specialist agency shall be
engaged only after obtaining written approval of the Engineer-In-Charge.

60.0 PROHIBITION OF UNAUTHORISED CONSTRUCTION & OCCUPATION

No unauthorized buildings, structures should be put up by the Contractor

anywhere on the project Site, neither any building built by him shall be un-
authorizedly occupied by him or his staff.

61.0 CO-ORDINATION WITH OTHER AGENCIES

Work shall be carried out in such a manner that the work of other Agencies
operating at the Site is not hampered due to any action of the Contractor. Proper
Co-ordination with other Agencies will be Contractor’s responsibility. In case of
any dispute the decision of EPI shall be final and binding on the Contractor. No
claim whatsoever shall be admissible on this account.

62.0 SETTING OUT OF THE WORKS

62.1 The Contractor shall be responsible for the true and proper setting out of the
works and for the correctness of the position, levels, dimensions and alignment
of all parts of the works. If at any time during the progress of works, shall any
error appear or arise in the position, levels, dimensions or alignment of any part
of the works, the Contractor shall at his own expenses rectify such error to the
satisfaction of Engineer-in- charge. The checking of any setting out or of any line
or level by the engineers of EPI shall not in any way relieve the Contractor of his
responsibility for the correctness.

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62.2 Contractor shall provide permanent bench marks, flag tops and other reference
points for the proper execution of work and these shall be preserved till the end
of work. All such reference points shall be in relation to the levels and locations,
given in the Architectural, Plumbing and other services Drawings.

63.0 NOTICE BEFORE COVERING UP THE WORK

The Contractor shall give not less than seven days notice before covering up or
otherwise placing beyond the reach of measurement any work, to the Engineer-
In-Charge in order that the same may be inspected and measured. If any work is
covered up or placed beyond the reach of Inspection/ measurement without such
notice to the Engineer-In-Charge or his consent being obtained, the same shall
be uncovered at the Contractors expenses and he shall have to make it good at
his own expenses.

64.0 SITE CLEARANCE

64.1 The Contractor shall ensure that the working Site is kept clean and free of
obstructions for easy access to job Site and also from safety point of view. Before
handing over the work to EPI the Contractor shall remove all temporary
structures like the site offices, cement godown, stores, labour hutments etc.,
scaffolding rubbish, left over materials tools and plants, equipments etc., clean
and grade the Site to the entire satisfaction of the Engineer-In-Charge. If this is
not done the same will be got done by EPI at his risk and cost.

64.2 The Contractor shall clean all floors, remove cement/ lime/ paint drops and
deposits, clean joinery, glass panes etc., touching all painter’s works and carry
out all other necessary items of works to make the premises clean and tidy
before handing over the building, and the rates quoted by the Contractor shall be
deemed to have included the same.

65.0 VALUABLE ARTICLES FOUND AT SITE

All gold, silver and other minerals of any description and all precious stones,
coins, treasure, relics, antiques and all other similar things which shall be found
in, under or upon the Site, shall be the property of the Owner/ Government and
the Contractor shall duly preserve the same to the satisfaction of Engineer-In-
Charge and shall from time to time deliver the same to such person or persons
indicated by EPI.

66.0 MATERIALS OBTAINED FROM DISMANTLEMENT TO BE OWNER’S PROPERTY

All materials like stone, boulders and other materials obtained in the work of
dismantling, excavation etc. will be considered Owner/ government property and
may be issued to the Contractor by the Owner/ EPI, if required for use in this
work at rates approved by EPI or the Contractor may be asked to dispose off
these items at his cost.

67.0 SET-OFF OF CONTRACTOR’S LIABILITIES

EPI shall have the right to deduct or set off the expenses incurred or likely to be
incurred by it in rectifying the defects and/or any claim under this agreement

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against the Contractor from any or against any amount payable to the Contractor
under this agreement including Retention Money and proceeds of Security
Deposit cum Performance Guarantee and from any other contract being
executed by the Contractor for EPI.

68.0 MATERIALS PROCURED WITH THE ASSISTANCE OF EPI

If any material for the execution of this contract is procured with the assistance of
EPI either by issue from its stores or purchase made under orders or permits or
licences obtained by EPI, the Contractor shall hold and use the said materials
economically and solely for the purpose of this contract and shall not dispose
them without the written permission of Engineer-In-Charge. The Contractor, if
required by EPI, shall return all such surplus or unserviceable materials that may
be left with him after the completion of the contract or at its termination on
whatsoever reason, on being paid or credited such price as EPI shall determine
having due regard to the conditions of materials.

69.0 ALTERATION IN SPECIFICATION, DESIGN & DRAWING

69.1 The Engineer-In-Charge shall have power to make any alterations in, omissions
from, additions to or substitutions for, 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, omissions, 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 agreed to do the main work.

The time for the completion of the work shall be extended in the proportion that
the altered, additional or substituted work price bears to the original contract work
price, and the certificate of the Engineer-In-Charge shall be conclusive as to such
proportion. Over and above this, a further period to the extent of 25 percent of
such extension shall be allowed to the Contractor.

The rates for such additional, altered or substituted work under this clause shall
be worked out in accordance with the following provisions in their respective
order :

i) If the rates for the additional, altered or substituted work are specified in
the contract for the work, the Contractor is bound to carry out the
additional, altered or substituted work at the same rates as are specified
in the contract for the work.

ii) If the rates for the additional, altered or substituted work are not
specifically provided in the contract for the work, the rates will be derived
from the rates for a nearest similar item of work as are specified in the
contract for the work. In case of composite tenders where two or more

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schedule of quantities/ Bill of Quantities form part of the contract, the

rates shall be derived from the nearest similar item in the schedule of
quantities/Bill of Quantities of the particular part of work in which the
deviation is involved failing that from the lowest of the nearest similar item
in other schedule of quantity. The opinion of the Engineer-In-Charge as to
whether or not the rate can be reasonably so derived from the item in this
contract will be final and binding on the Contractor.

iii) If the altered, additional or substituted work includes any work for which
no rate is specified in the contract for the work and which cannot be
derived in the manner specified in sub para (i) and (ii) above from the
similar class of work in the contract then such work shall be carried out at
the rates entered in the Schedule of Rates (as mentioned in
“Memorandum” to the “Form of Tender” for Civil/ Sanitary Works)
minus/plus the percentage which the tendered amount of scheduled items
bears with the estimated amount of schedule items based on the
Schedule of Rates ( as mentioned in “Memorandum” to the “Form of
Tender” for Civil/ Sanitary Works ). The scheduled items mean the items
appearing in the Schedule of Rates (as mentioned in “Memorandum” to
the “Form of Tender” for Civil/ Sanitary Works), which shall be applicable
in this clause. This clause will apply mutatis mutandis to electrical work
except that Electrical Schedule of Rates as mentioned in “Memorandum”
to the “Form of Tender” will be considered in place of Civil/ Sanitary works
Schedule of rates as mentioned in “Memorandum” to the “Form of
Tender”.

iv) If the rates for the altered, additional or substituted work cannot be
determined in the manner specified in sub-clauses (i) to (iii) above, then
the Contractor shall, within 7 days of the date of receipt of order to carry
out the work, inform the Engineer-In-Charge the rates which he intends to
charge for such class of work, supported by analysis of the rate or rates
claimed, and the Engineer-In-Charge shall determine the rate or rates on
the basis of prevailing market rates of the material, Labour, T&P etc. plus
10% (Ten percent) to cover the Contractors supervision, overheads and
profit and pay the Contractor accordingly. The opinion of the Engineer-In-
Charge as to the current market rates of materials and quantum of labour
involved per unit of measurements will be final and binding on the
Contractor.

However, the Engineer-In-Charge, by notice in writing, will be at liberty to

cancel his order to carry out such class of work and arrange to carry it out
in such manner, as he may consider advisable. But under no
circumstances, the Contractor shall suspend the work on the plea of non-
settlement of rates of items falling under the clause.

v) Except in case of items relating to foundations, provisions contained in sub

clauses (i) to (iv) above shall not apply to contract, altered or substituted
items as individually exceed the ‘deviation limit’ of plus/minus 25%
(Twenty Five Percent) subject to the following:-

(a) Deviation limit shall apply to individual items.

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(b) The value of additions of items, of any individual trade not already
included in the contract, shall not exceed 20% of the Tendered
value of work, subject to overall deviation limit as given above.

Provided further that in case where the original item is substituted, the
Substituted Item shall be deemed to have replaced the original item in the
contract itself to that extent and above provisions pertaining to the
deviations shall apply with respect to such Substituted Item and not the
original item.

NOTE: Individual trade means the trade section to which Bill of

Quantities annexed to the agreement has been divided or in the
absence of any such division the individual section of the
MORTH/C.P.W.D. (as the case may be) Scheduled of rates
specified above, such as excavation and earthwork, Concrete,
wood work and joinery, etc.

The rate of any such work except the items relating to foundations which
is in excess of the deviation limit and deviation in quantities of AHR items
on plus side as contained in Clause 9.2(i) shall be determined in
accordance with the provisions contained in Clause 69.2.

69.2 In the case of contract items, substituted items, Contract cum substituted items
or additional items which exceed the limits laid down in sub para (v) of condition
69.1 above (except the items relating to foundation work, which the Contractor is
required to do under Clause 69.1 above and deviation in quantities of AHR items
on plus side as contained in clause 9.2 (i) ), the Contractor may within fifteen
days of receipt of order or occurrence of the excess, claim revision of the rates,
supported by proper analysis, for the work in excess of the above mentioned
limits, provided that if the rates so claimed are in excess of the rates specified in
the schedule of quantities or those derived in accordance with the provisions of
sub para (i) to (iii) of conditions 69.1 by more than five percent, the Engineer-In-
Charge shall within three months of receipt of the claims supported by analysis,
after giving consideration to the analysis of the rates submitted by the Contractor,
determine the rates on the basis of the market rates and if the rates so
determined exceed the rates specified in the schedule of quantities or those
derived in accordance with the provisions of sub paras (i) to (iii) of condition 69.1
by more than five percent, the contract shall be paid in accordance with the rates
determined. In the event of the Contractor failing to claim revision of rates within
the stipulated period, or if the rates determined by the Engineer-In-Charge within
the period of three months of receipt of the claims supported by analysis are
within five percent of the rates specified in the schedule of quantities or of those
determined in accordance with the provisions of sub-para (i) to (iii) of condition
69.1, the Engineer-In-Charge shall make payment at the rates as specified in the
schedule of quantities or those already determined under sub para (i) to (iii) of
condition 69.1 for the quantities in excess of the limits laid down in sub para (v) of
condition 69.1.

69.3 The provisions of the proceeding paragraph shall apply to the decrease in the
rates of items for the work in excess of the limits laid down in sub para (v) of

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condition 69.1 provided that such decrease is more than five percent of rates
specified in the schedule of quantities or those derived in accordance with the
provisions of sub para (i) to (iii) of condition 69.1 and the Engineer-In-Charge
may after giving notice to the Contractor within two months of receipt of order by
the Contractor or occurrence of the excess and after taking into consideration
any reply received from him within fifteen days of receipt of the notice revise the
rates for the work in question within two months of expiry of the said period of
fifteen days having regard to the market rates.

69.4 The Contractor shall send to the Engineer-In-Charge once every three months an
up to date account giving complete details of all claims for additional payments to
which the Contractor may consider himself entitled and of all additional work
ordered by the Engineer-In-Charge which he has executed during the preceding
quarter failing which the Contractor shall be deemed to have waived his right.

69.5 For the purpose of operation of clause 69.1 (v) the following works shall be
treated as works relating to foundation:-

i) For buildings, compound walls plinth level or 1.2 meters (4 feet)

above ground level whichever is lower excluding items of flooring
and D.P.C. but including base concrete below the floors.

ii) For abutments, piers, retaining walls of culverts and bridges, walls
of water reservoirs the bed of floor level.

iii) For retaining walls where floor level is not determinate 1.2 meters
above the average ground level or bed level.

iv) For Roads all items of excavation and filling including treatment of
sub base and soiling work.

v) For water supply lines, sewer lines, under-ground storm water

drains and similar works. All items of work below ground level
except items of pipe work, masonry work.

vi) For open storm water drains, all items of work except lining of
drains.

70.0 ACTION AND COMPENSATION PAYABLE IN CASE OF BAD WORK

If it shall appear to the Engineer-In-Charge or his authorized subordinate in

charge of the work or to the Chief Technical Examiner or to any other inspecting
agency of Government/ State Government/ Owner where the work is being
executed, that any work has been executed with unsound, imperfect, or unskillful
workmanship or with materials of any inferior description, or that any materials or
articles provided by him for the execution of the work are unsound or of a quality
inferior to that contracted for or otherwise not in accordance with the contract, the
Contractor shall on demand in writing which shall be made within six months of
the completion of the work from the ENGINEER-IN-CHARGE specifying the
work, materials or articles complained of notwithstanding that the same may
have been passed, Certified and paid for forthwith rectify, or remove and

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reconstruct the work so specified in whole or in part as the case may require or
as the case may be, remove the materials or articles so specified and provide
other proper and suitable materials or articles at his own proper charge and cost,
and in the event of his failing to do so within a period to be specified by the
Engineer-In-Charge in his demand aforesaid, then the Contractor shall be liable
to pay compensation at the rate of one percent of the estimated amount put to
tender for every day not exceeding ten days, while his failure to do so shall
continue and in the case of any such failure, the Engineer-In-Charge may rectify
or remove and re-execute the work or remove and replace with others, the
material or articles complained of as the case may be at the risk and expense in
all respects of the Contractor.

71.0 POSSESSION PRIOR TO COMPLETION

71.1 EPI shall have the right to take possession of or use any completed or partially
completed work or part of the work. Such possession or use shall not be deemed
to be any acceptance of any work not completed in accordance with the contract
agreement. If such prior possession or use by EPI delays the progress of work
an equitable adjustment in the time of completion will be made and the contract
agreement shall be deemed to be modified accordingly. The decision of EPI in
this case shall be final binding and conclusive.

71.2 When the whole of the works or the items or the groups of items of work for which
separate periods of completion have been specified have been completed the
Contractor will give a notice to that effect to the Engineer in writing. The Engineer
shall within 15 days of the date of receipt of such notice inspect the works and either
the Engineer-In-Charge issues to the Contractor a completion certificate stating the
date on which in his opinion the works were completed in accordance with the
contract or gives instructions in writing to the Contractor specifying the balance items
of work which are required to be done by the Contractor before completion certificate
could be issued. The Engineer-In-Charge shall also notify the Contractor of any
defect in the works affecting completion.

71.3 The Contractor shall during the course of execution prepare and keep updated a
complete set of ‘as built’ drawings to show each and every change from the
Contract Drawings, changes recorded shall be countersigned by the Engineer-In-
Charge and the Contractor. Four copies of ‘as built’ drawings shall be supplied to
EPI by the Contractor within 30 days of the completion. All costs incurred in this
respect shall be borne by the Contractor only.

72.0 COMPENSATION FOR DELAY AND REMEDIES

72.1 If the Contractor fails to maintain the required progress in terms of clause 72.4 or
relevant clause of Additional Conditions of Contract, to complete the work and
clear the Site on or before the completion date or extended date of completion,
he shall, without prejudice to any other right or remedy available under the law to
EPI on account of such breach, pay as agreed compensation the amount
calculated at the rates stipulated below or such smaller amount as the Engineer
in charge (whose decision in writing shall be final and binding) may decide on the
amount of tendered value of the work for every completed day / week (as

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applicable) that the progress remains below that specified in Clause 72.4.1 or the
relevant clause in Additional Conditions of Contract or that the work remains
incomplete. This will also apply to items or group of items for which a separate
period of completion has been specified.

i) For works with completion period not exceeding

3 month (as originally stipulated) @ 1% per day

ii) For works with completion period exceeding

3 months (as originally stipulated) @ 1% per week
or part thereof

Provided always that the total amount of compensation for delay to be paid under
this Condition shall not exceed 10% of the Tendered Value of work or of the
Tendered Value of the item or group of items of work for which a separate period
of completion is originally given.

The amount of compensation may be adjusted or set-off against any sum

payable to the Contractor under this or any other contract with EPI even after
completion of the work.

72.2 CANCELLATION / DETERMINATION OF CONTRACT IN FULL OR PART

Subject to other provisions contained in this clause, the Engineer-In-Charge may,

without prejudice to his any other rights or remedy against the Contract in respect
of any delay, inferior workmanship, any claims for damages and / or any other
provisions of this contract or otherwise, and whether the date of completion has
or has not elapsed, by notice in writing absolutely determine the contract in full or
in part in any of the following cases:

i) If the Contractor having been given by the Engineer-In-Charge a notice in

writing to rectify, reconstruct or replace any defective work or that the
work is being performed in an inefficient or otherwise improper or un-
workmanlike manner shall omit to comply with the requirement of such
notice for a period of seven days thereafter; or

ii) If the Contractor has, without reasonable cause, suspended the progress
of the work or has failed to proceed with the work with due diligence so
that in the opinion of the ENGINEER-IN-CHARGE (which shall be final
and binding) he will be unable to secure completion of the work by the
date for completion and continues to do so after a notice in writing of
seven days from the Engineer-In-Charge; or

iii) If the Contractor fails to complete the work within the stipulated date or
items of work with individual date of completion, if any stipulated, on or
before such date(s) of completion and does not complete them within the
period specified in a notice given in writing in that respect by the
Engineer-In-Charge; or

iv) If the Contractor persistently neglects to carry out his obligations under
the contract and / or commits default in complying with any of the terms

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and conditions of the contract and does not remedy it or take effective
steps to remedy it within 7 days after a notice in writing is given to him in
that respect by the Engineer-In-Charge; or

v) If the Contractor shall offer or give or agree to give to any person in EPI
service or to any other person on his behalf any gift or consideration of
any kind as an inducement or reward for doing or forbearing to do or for
having done or forborne to do any action in relation to the obtaining or
execution of this or any other contract for EPI; or

vi) If the Contractor shall enter into a contract with EPI in connection with
which commission has been paid or agreed to be paid by him or to his
knowledge, unless the particulars of any such commission and the terms
of payment thereof have been previously disclosed in writing to the
Engineer-In-Charge; or

vii) If the Contractor shall obtain a contract with EPI as a result of wrong
tendering or other non-bona-fide methods of competitive tendering; or

viii) If the Contractor being an individual, or if a firm, any partner thereof shall
at any time be adjudged insolvent or have a receiving order or order for
administration of his estate made against him or shall take any
proceedings for liquidation or composition (other than a voluntary
liquidation for the purpose of amalgamation or reconstruction) under any
Insolvency Act for the time being in force or make any conveyance or
assignment of his effects or composition or arrangement for the benefit of
his creditors or purport so to do, or if any application be made under any
Insolvency Act for the time being in force for the sequestration of his
estate or if a trust deed be executed by him for benefit of his creditors; or

ix) If the Contractor being a company, shall pass a resolution or the Court
shall make an order for the winding up of the company, or a receiver or
manager on behalf of the debenture holders or otherwise shall be
appointed or circumstances shall arise which entitle the Court or
debenture holders to appoint a receiver or manager; or

x) If the Contractor shall suffer an execution being levied on his goods and
allow it to be continued for a period of 21 days; or

xi) If the Contractor assigns, transfers, sublets (engagement of labour on a

piece-work basis or of the labour with materials not to be incorporated in
the work, shall not be deemed to be subletting) or otherwise parts with or
attempts to assign, transfer sublet or otherwise parts with the entire works
or any portion thereof without and prior written approval of the Engineer-
In-Charge.

When the Contractor has made himself liable for action under any of the clauses
aforesaid, the Engineer-In-Charge may without prejudice to any other right or
remedy which shall have accrued or shall accrue hereafter to EPI, by a notice in

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writing to cancel the contract as a whole or only such items of work in default
from the Contract.

The Engineer-In-Charge shall on such cancellation by EPI have powers to:

a) Take possession of Site and any materials, Construction Plant &

machinery, implements, stores, etc. thereon; and/ or

b) Carry out the incomplete work by any means at the risk and cost of the
Contractor; and/ or

c) To determine or rescind the contract as aforesaid (of which termination or

rescission notice in writing to the Contractor under the hand of the
Engineer-In-Charge shall be conclusive evidence). Upon such
determination or rescission the full Retention Money recovered by EPI
under the contract and Security Deposit cum Performance Guarantee
shall be liable to be forfeited and un-used materials, construction plant &
machinery, implements, temporary buildings, etc. shall be taken over and
shall be absolutely at the disposal of EPI. If any portion of the Retention
Money has not been received or recovered by EPI from RA Bills, it would
be called for and forfeited; and/ or

d) To employ labour and to supply materials, equipment to carry out the

work or any part of the work debiting the Contractor with the cost of the
labour and the price of the materials, equipment rentals (of the amount of
which cost and price certified by the Engineer-In-Charge shall be final and
conclusive) against the Contractor and crediting him with the value of the
work done in all respects in the same manner and at the same rates as if
it had been carried out by the Contractor under the terms of his contract.
The certificate of the Engineer-In-Charge as to the value of the work done
shall be final and conclusive against the Contractor provided always that
action under the sub-clause shall only be taken after giving notice in
writing to the Contractor. Provided also that if the expenses incurred by
the EPI are less than the amount payable to the Contractor at his
agreement rates, the difference shall not be paid to the Contractor; and/
or

e) After giving notice to the Contractor to measure up the work of the Contractor
and to take such whole, or the balance or part thereof as shall be un-
executed or delayed with reference to the General Conditions of Contract
clause no. 72.4.1 and/ or relevant clause of Additional Conditions of Contract,
out of his hands and to give it to another Contractor to complete in which
case any expenses which may be incurred in excess of the sum which would
have been paid to the original Contractor if the whole work had been
executed by him (of the amount of which excess the certificate in writing of
the Engineer-In-Charge shall be final and conclusive) shall be borne and paid
by the original Contractor and may be deducted from any money due to him
by EPI under his contract or on any other account whatsoever or from his
Retention Money, Security Deposit cum Performance Guarantee or the
proceeds of sales of unused materials, construction plants & machinery,
implements temporary buildings etc. thereof or a sufficient part thereof as

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the case may be. If the expenses incurred by EPI are less than the
amount payable to the Contractor at his agreement rates, the difference
shall not be paid to the Contractor; and/ or

f) By a notice in writing to withdraw from the Contractor any items or items

of work as the Engineer-In-Charge may determine in his absolute
discretion and get the same executed at the risk and cost of the
Contractor.

Any excess expenditure incurred or to be incurred by EPI in completing

the works or part of the works or the excess loss or damages suffered or
may be suffered by EPI as aforesaid after allowing such credit shall
without prejudice to any other right or remedy available to EPI in law be
recovered from any moneys due to the Contractor on any account, and if
such moneys are not sufficient the Contractor shall be called upon in
writing and shall be liable to pay the same within 30 days.

If the Contractor shall fail to pay the required sum within the aforesaid
period of 30 days, the Engineer-In-Charge shall have the right to sell any
or all of the Contractors unused materials, Construction Plant, machinery,
implements, temporary buildings, etc. and apply the proceeds of sale
thereof towards the satisfaction of any sums due from the Contractor
under the contract and if thereafter there be any balance outstanding from
the Contractor, it shall be recovered in accordance with the provisions of
the contract and law.

Any sums in excess of the amounts due to EPI and unsold materials,
Construction Plant etc. shall be returned to the Contractor, provided
always that if cost or anticipated cost of completion by EPI of the works or
part of the works is less than the amount which the Contractor would
have been paid had he completed the works or part of the works, such
benefit shall not accrue to the Contractor.

In the event of anyone or more of the above courses being adopted by

the Engineer-In-Charge the Contractor shall have no claim to
compensation whatsoever for any loss sustained by him by reasons of his
having purchased or procured any materials or entered into any
engagements or made any advances on account or with a view to the
execution of the work or the performance of the contract. And in case
action is taken under any of the provision aforesaid the Contractor shall
not be entitled to recover or be paid any sum for any work thereof or
actually performed under this contract unless and until the Engineer-In-
Charge has certified in writing the performance of such work and the
value payable in respect thereof and he shall only be entitled to be paid
the value so certified. Provided further that if any of the recoveries to be
made, while taking action as per (d) and/or (e) above, are in excess of the
Retention Money & Security Deposit cum Performance Guarantee
forfeited, these shall be limited to the amount by which the excess cost
incurred by the EPI exceeds the Retention Money & Security Deposit cum
Performance Guarantee so forfeited.

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72.3 CONTRACTOR LIABLE TO PAY COMPENSATION EVEN IF ACTION NOT

TAKEN

In any case in which any of the powers conferred upon the Engineer-In-Charge
by relevant clause thereof, shall have become exercisable and the same are not
exercised, the non-exercise thereof shall not constitute a waiver of any of the
conditions hereof and such powers shall notwithstanding be exercisable in the
event of any future case of default by the Contractor and the liability of the
Contractor for compensation shall remain unaffected. In the event of the
Engineer-In-Charge putting in force all or any of the powers vested in him under
the preceding clause he may, if he so desires after giving a notice in writing to
the Contractor, take possession of (or at the sole discretion of the Engineer-In-
Charge which shall be final and binding on the Contractor) use as on hire (the
amount of the hire money being also in the final determination of the Engineer-In-
Charge) all or any tools, plant, machinery, materials and stores, in or upon the
works, or the site thereof belonging to the Contractor, or procured by the
Contractor and intended to be used for the execution of the work / or any part
thereof, paying or allowing for the same in account at the contract rates, or in the
case of these not being applicable, at current market rates to be certified by the
Engineer-In-Charge, whose certificate thereof shall be final, and binding on the
Contractor and/or direct the Contractor, clerk of the works, foreman or other
authorized agent to remove such tools, machinery, plant, materials, or stores
from the premises (within a time to be specified in such notice) in the event of the
Contractor failing to comply with any such requisition, the Engineer-In-Charge
may remove them at the Contractor’s expense or sell them by auction or private
sale on account of the Contractor and his risk in all respects and the certificate of
the Engineer-In-Charge as to the expenses of any such removal and the amount
of the proceeds and expenses of any such sale shall be final and conclusive
against the Contractor.

72.4 TIME ESSENCE OF CONTRACT & EXTENSION FOR DELAY

The time allowed for execution of the Works as specified in the terms of contract
or the extended time in accordance with these conditions shall be the essence of
the contract. The execution of the works shall commence from the 10th Day or
such time period as mentioned in letter of Intent after the date on which the
Engineer-In-Charge issues written orders to commence the work. If the
Contractor commits default in commencing the execution of the work as
aforesaid, the Executing Agency shall without prejudice to any other right or
remedy available in law, be at liberty to forfeit the earnest money absolutely.

72.4.1 Within 10 (Ten) days of Letter of Intent, the Contractor shall submit a Time and
Progress Chart (CPM/ PERT/ Quantified Bar Chart) and get it approved by the
Engineer-In-Charge. The Chart shall be prepared in direct relation to the time
stated in the contract documents for completion of items of the works. It shall
indicate the forecast (mile-stones) of the dates of commencement and
completion of various items, trades, sections of the work and may be amended
as necessary by agreement between the Engineer-In-Charge and the Contractor
within the limitations of time stipulated in the Contract documents, and further to
ensure good progress during the execution of the work, the Contractor shall in all
cases in which the time allowed for any work exceeds one month (save for

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special jobs for which a separate program has been agreed upon) complete 1/8th
of the whole of work before 1/4th of the whole time allowed in the contract has
elapsed, 3/8th of the work before one half of such time has elapsed and 3/4th of
the work before 3/4th of such time has elapsed. The physical report including
photographs shall be submitted by the Contractor on the prescribed format & the
intervals (not exceeding a month) as decided by the Engineer in Charge. The
compensation for delay as per clause 72.1 shall be leviable at intermediate
stages also, in case the required progress is not achieved to meet the above time
deadlines of the completion period and/ or milestones of time and progress chart,
provided always that the total amount of Compensation for delay to be paid
under this condition shall not exceed 10% (Ten Percent) of the tendered value of
work”.

72.4.2 If the work(s) be delayed by:

i) force-majeure or
ii) abnormally bad weather, or
iii) serious loss or damage by fire, or
iv) civil commotion of workmen, strike or lockout, affecting any or the trades
employed on the work, or
v) delay on the part of other Contractors or tradesmen engaged by
Engineer-In-Charge in executing work not forming part of the Contract, or
vi) non-availability of stores, which are responsibility of EPI or,
vii) non-availability or break down of tools and plant to be supplied or
supplied by EPI or,
viii) any other cause which, in the absolute discretion of EPI, is beyond the
Contractor’s control,

then, upon the happening of any such event causing delay, the Contractor shall
immediately give notice thereof in writing to the Engineer-In-Charge but shall
nevertheless use constantly his best endeavors to prevent or make good the
delay and shall do all that may be reasonably required to the satisfaction of the
Engineer-In-Charge to proceed with the works.

72.4.3 Request for extension of time, to be eligible for consideration, shall be made by
the Contractor in writing within fourteen days of the happening of the event
causing delay on the prescribed form. The Contractor may also, if practicable,
indicate in such a request the period for which extension is desired. In any such
case EPI may give a fair and reasonable extension of time for completion of
work. Such extension shall be communicated to the Contractor by the Engineer-
In-Charge in writing, within 3 months of the date of receipt of such request. Non-
application by the Contractor for extension of time shall not be a bar for giving a
fair and reasonable extension by the Engineer-In-Charge and the extension of
time so given by the Engineer-In-Charge shall be binding on the Contractor.

73.0 WITHHOLDING AND LIEN IN RESPECT OF SUMS DUE FROM CONTRACTOR

73.1 Whenever any claim or claims for payment of a sum of money arises out of or
under the contract or against the Contractor, EPI shall be entitled to withhold and
also have a lien to retain such sum or sums in whole or in part from the security,

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if any, deposited by the Contractor and for the purpose aforesaid, EPI shall be
entitled to withhold the Retention Money, if any, furnished as the case may be
and also have a lien over the same pending finalization or adjudication of any
such claim. In the event of the security being insufficient to cover the claimed
amount or amounts or if no security has been taken from the Contractor, EPI
shall be entitled to withhold and have a lien to retain to the extent of such claimed
amount or amounts referred to above, from any sum or sums found payable or
which may at any time thereafter become payable to the Contractor under the
same contract or any other contracts pending finalization or adjudication of any
such claim.

73.2 It is an agreed term of the contract that the sum of money or moneys so withheld or
retained under the lien referred to above by the Engineer-In-Charge or EPI will be
kept withheld or retained as such by the Engineer-In-Charge or EPI till the claim
arising out of or under the contract is determined by the Arbitrator / Competent Court
and that the Contractor will have no claim for interest or damages whatsoever on any
account in respect of such withholding or retention under the lien referred to above
and duly notified as such to the Contractor. For the purpose of this clause, where the
Contractor is a sole proprietor or a partnership firm or a limited company, etc. the
Engineer-In-Charge or EPI shall be entitled to withhold and also have a lien to retain
towards such claimed amount or amounts in whole or in part from any sum found
payable to proprietor /partnership firm/limited company, as the case may be whether
in his individual capacity or otherwise.

EPI shall have the right to cause an audit and technical examination of the works
and the final bills of the Contractor 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 to have been done by him
under the contract and found not to have been executed, the Contractor shall be
liable to refund the amount of over-payment and it shall be lawful for EPI to recover
the same from him in the manner prescribed in sub-clause (I) of this clause or in any
other manner legally permissible; 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 EPI to the
Contractor, without any interest thereon whatsoever.

73.3 LIEN IN RESPECT OF CLAIMS IN OTHER CONTRACTS

Any sum of money due and payable to the Contractor (including the Retention
Money & Security deposit returnable to him) under the contract may be withheld
or retained by way of lien by the Engineer-In-Charge or by EPI against any claim
of the Engineer-In-Charge or EPI in respect of payment of a sum of money
arising out of or under any other contract made by the Contractor with the
Engineer-In-Charge or EPI.
It is an agreed term of the contract that the sum of money so withheld or retained
under this clause by the Engineer-In-Charge or EPI will be kept withheld or
retained as such by the Engineer-In-Charge or EPI or till his claim arising out of
the same contract or any other contract is either mutually settled or determined
by the Arbitrator or Competent court as the case may be, and that the Contractor
shall have no claim for interest or damages whatsoever on this account or on any

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other ground in respect of any sum of money withheld or retained under this
clause and duly notified as such to the Contractor.
74.0 DEFECTS LIABILITY PERIOD
The Contractor shall be responsible for the rectification of defects in the works for
a period of twelve months from the date of taking over of the works by the
Owner/ Client. Any defects discovered and brought to the notice of the
Contractor forthwith shall be attended to and rectified by him at his own cost and
expense. In case the Contractor fails to carry out these rectifications, the same
may without prejudice to any other right or remedy available, be got rectified by
EPI at the cost and expense of the Contractor.

75.0 FORCE MAJEURE

Any delay or failure of the performance of either party hereto shall not constitute
default hereunder to give rise to any claims for damages, if any to the Extent
such delay or failure of performance is caused by occurrences such as Acts of
God or the public enemy, expropriation, compliance with any order or request of
Government authorities/ Courts, acts of war, rebellions, sabotage fire, floods,
illegal strikes, or riots (other than Contractor’s employees). Only extension of
time shall be considered for Force Majeure conditions as accepted by EPI. No
adjustment in contract price shall be allowed for reasons of force majeure.

76.0 ARBITRATION
76.1 Before resorting to arbitration as per the clause given below, the parties if they so
agree may explore the possibility of conciliation as per the provisions of Part-III of
the Arbitration and Conciliation Act. 1996. When such conciliation has failed, the
parties shall adopt the following procedure for arbitration :

i) Except where otherwise provided for in the contract, any disputes and
differences relating to the meaning of the Specifications, Design, Drawings and
Instructions herein before mentioned and as to the quality of workmanship or
materials used in the work or as to any other question, claim, right, matter or
thing whatsoever in any way arising out of or relating to the Contract, Designs,
Drawings, Specifications, Estimates, Instructions, or these conditions, or
otherwise concerning the works or the execution or failure to execute the same
whether arising during the progress of the work or after the completion or
abandonment thereof shall be referred to the Sole Arbitration of the Chairman
and Managing Director (CMD) of Engineering Projects (India) Limited (EPI), or
any other person discharging the functions of CMD of EPI and if CMD or such
person discharging the functions of CMD of EPI is unable to act, to the sole
Arbitration of some other person appointed by CMD of EPI or such other person
discharging the functions of CMD of EPI. There will be no objection if the
arbitrator so appointed is an employee of Engineering Projects (I) Ltd. However,
such an employee shall not have directly dealt with the said Contract or the
works there under on behalf of EPI. Such Arbitrator shall be appointed within 30
days of the receipt of letter of invocation of arbitration duly satisfying the
requirements of this clause.

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ii) If the arbitrator so appointed resigns or is unable or unwilling to act due to any
reason whatsoever, or dies, the Chairman & Managing Director aforesaid or in
his absence the person discharging the duties of the CMD of EPI may appoint a
new arbitrator in accordance with these terms and conditions of the contract, to
act in his place and the new arbitrator so appointed may proceed from the stage
at which it was left by his predecessor.

iii) It is a term of the contract that the party invoking the arbitration shall specify the
dispute / differences or questions to be referred to the Arbitrator under this clause
together with the amounts claimed in respect of each dispute.

iv) The Arbitrator may proceed with the arbitration ex-parte, if either party, in spite of
a notice from the arbitrator, fails to take part in the proceedings.

v) The work under the contract shall continue as directed by the Engineer-In-
Charge, during the arbitration proceedings.

vi) Unless otherwise agreed, the venue of arbitration proceedings shall be at the
venue given in the ‘Memorandum’ to the ‘Form of Tender’.

vii) The award of the Arbitrator shall be final, conclusive and binding on both the
parties.

viii) Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act,
1996 or any statutory modifications or re-enactment thereof and the Rules made
there under and for the time being in force shall apply to the arbitration
proceedings and Arbitrator shall publish his Award accordingly.

NOTE

NOTWITHSTANDING ANYTHING CONTAINED HEREINABOVE, THIS CLAUSE

SHALL NOT BE APPLICABLE WHERE THE DISPUTE IS BETWEEN EPI AND
ANOTHER CENTRAL PUBLIC SECTOR ENTERPRISE OR GOVT. OF INDIA
DEPARTMENT, FOR WHICH A SEPARATE ARBITRATION CLAUSE IS PROVIDED
VIDE CLAUSE NO. 76.2 GIVEN BELOW :

76.2 ARBITRATION BETWEEN CENTRAL PUBLIC SECTOR ENTERPRISES

INTER SE / GOVERNMENT OF INDIA DEPARTMENTS/ MINISTRIES

i) In the event of any dispute or difference relating to the interpretation and

application of the provisions of the contract, such dispute or difference shall be
referred by either party to the arbitration as per the instructions (Office
Memorandums / Circulars) issued by Govt. of India from time to time with regard
to arbitration between one Government Department and another, one
Government Department and a Public Sector Enterprise and Public Sector
Enterprise inter se.

ii). Subject to any amendment that may be carried out by the Government of India
from to time, the procedure to be followed in the arbitration shall be as is

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contained in D.O. No. DPE/4(10)/2001-PMA-GL-I dated 22.01.2004 of

Department of Public Enterprises, Ministry of Heavy Industries and Public
Enterprises, Government of India or any modification issued in this regard.

76.3 JURISDICTION

The courts mentioned in the ‘Memorandum’ to the ‘Form of Tender’ alone will
have jurisdiction to deal with matters arising from the contract, to the exclusion of
all other courts.

77.0 SUSPENSION OF WORKS

(a) The Contractor shall, on receipt of the order in writing of the Engineer-In-
Charge, suspend the progress of the works or any part thereof for such
time and in such manner, as the Engineer-In-Charge may consider
necessary for any of the following reasons:

i) On account of any default on part of the Contractor, or

ii) For proper execution of the works or part thereof for reason other than the
default of the Contractor, or
iii) For safety of the works or part thereof.

The Contractor shall, during such suspension, properly protect and

secure the works to the extent necessary and carry out the instructions
given in that behalf by the Engineer-In-Charge.

(b) If the suspension is ordered for reasons (ii) and (iii) in sub-para (a) above,
the Contractor shall be entitled to an extension of the time equal to the
period of every such suspension plus 25%. No adjustment of contract
price will be allowed for reasons of such suspension.

(c) In the event of the Contractor treating the suspension as an abandonment

of the contract by EPI, he shall have no claim to payment of any
compensation on account of any profit or advantage which he may have
derived from the execution of the work in full but which he could not
derive in consequence of the abandonment.

(d) The Contractor shall resume work in all earnestness after

suspension has been lifted by EPI.

78.0 TERMINATION OF CONTRACT ON DEATH OF CONTRACTOR

If the Contractor is an individual or a proprietorship concern and the individual or

the proprietor dies then unless the Engineer-In-Charge is satisfied that the legal
representatives of the individual Contractor or of the proprietor of the proprietary
concern and in the case of partnership firm, the surviving partners, are capable of
carrying out and completing the contract, the Engineer-In-Charge shall be
entitled to cancel the contract as to its incompleted part without EPI being in any

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way liable to payment of any compensation to the estate of the deceased

Contractor and/or to surviving partners of the Contractor’s firm on account of
cancellation of the contract. Such cancellation of Contract shall be with out
prejudice to any of the rights & remedies available to the Engineer-In-Charge
under the contract. The decision of the Engineer-In-Charge that the legal
representatives of the deceased Contractor or the surviving partners of the
Contractor’s firm cannot carry out and complete the contract shall be final and
binding on the parties.

79.0 CLARIFICATION AFTER TENDER SUBMISSION

Tenderer’s attention is drawn to the fact that during the period, the bids are under
consideration, the bidders are advised to refrain from contacting by any means,
EPI and/or his employees/ representatives on matters related to the bid under
consideration and that if necessary, EPI will obtain clarifications in writing or as
may be necessary. The Tender evaluation and process of award of works is
done by duly authorized Tender Scrutiny Committee and this committee is
authorized to discuss and get clarification from the tenderers.

80.0 ADDENDA/ CORRIGENDA

Addenda/Corrigenda to the Tender Documents may be issued prior to the date of

opening of the Tender to clarify or effect modification in specification and/or
contract terms included in various Tender Documents. The tenderer shall suitably
take into consideration such Addenda/Corrigenda while submitting his tender.
The tenderer shall return such Addenda/ Corrigenda duly signed and stamped as
confirmation of its receipt and submit alongwith the Tender Document. All
Addenda/ Corrigenda shall be signed and stamped on each page by the tenderer
and shall become part of the Tender and contract documents.

81.0 QUALITY ASSURANCE PROGRAMME

To ensure that the works/services under the scope of this contract are in
accordance with the specifications, the Contractor shall adopt Quality Assurance
Programme to control such activities at the necessary points. The Contractor
shall prepare and finalize such Quality Assurance Programme within 15 days
from letter of intent. EPI shall also carryout quality audit and quality surveillance
of systems and procedures of Contractor’s quality control activities. A Quality
Assurance Programme of Contractor shall generally cover the following:

a) His organization structure for the management and implementation of the

proposed Quality Assurance Program.
b) Documentation control system.
c) The procedure for procurement of materials and source inspection.
d) System for site controls including process controls.
e) Control of non-conforming items and systems for corrective actions.
f) Inspection and test procedure for site activities.
g) System for indication and appraisal of inspection status.
h) System for maintenance of records.
i) System for handling, storage and delivery.

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j) A quality plan detailing out quality practices and procedures, relevant

standards and acceptance levels for all types of work under the scope of
this contract.

All the quality reports shall be submitted by the Contractors in the formats
appended hereto. Checklist enclosed here in this document shall be followed
while carrying out Construction activities (items). If any item is not covered by the
Checklist/ Formats appended hereto, the Format for the same may be developed
and submitted to Engineer-In-Charge for approval and the same shall be
adopted. These filled in formats shall be prepared in two copies and duly signed
by representatives of Contractor and EPI. All the costs associated with printing of
Formats and testing of materials required as per technical specifications or by
Engineer-In-Charge shall deemed to be included in the Contractor’s quoted rates
of various items of work in the Schedule/ Bill of Quantities.

82.0 APPROVAL OF TEMPORARY / ENABLING WORKS

The setting and nature of all offices, huts, access road to the work areas, and all
other temporary works as may be required for the proper execution of the works
shall be subject to the approval of the Engineer-In-Charge.

All the equipments, labour, material including cement, reinforcement and the
structural steel required for the enabling/ temporary works associated with the
entire Contract-shall have to be arranged by the Contractor only. Nothing extra
shall be paid to the Contractor on this account and the unit rates quoted by the
Contractor for various items in the Bill of Quantities shall be deemed to include
the cost of enabling works.

83.0 CONTRACT COORDINATION PROCEDURES, COORDINATION MEETINGS AND

PROGRESS REPORTING

The Contractor shall prepare and finalize in consultation with EPI, a detailed
contract coordination procedure within 15 days from the date of issue of Letter of
Intent for the purpose of execution of the Contract.

The Contractor shall have to attend all the meetings at any place in India at his
own cost with EPI, Owners/ Clients or Consultants of EPI/ Owner/ Client during
the currency of the Contract, as and when required and fully cooperate with such
persons and agencies involved during these discussions. The Contractor shall
not deal in any way directly with the Clients/ Owners or Consultants of EPI/
Owner/ Clients and any dealing/ correspondence if required at any time with
Clients/ Owners/ Consultants shall be through EPI only.

During the execution of the work, Contractor shall submit at his own cost detailed
Monthly progress report to the Engineer-In-Charge of EPI by 5th of every month.
The format of monthly progress report shall be as approved by Engineer-In-
Charge of EPI.

84.0 CONTRACT AGREEMENT

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The Contractor shall enter into a Contract Agreement with EPI within 10 days of
the date of Letter of Intent or within such extended time, as may be granted by
EPI. The cost of stamp papers, stamp duty, registration, if applicable on the
contract, shall be borne by the Contractor. In case, the Contractor does not sign
the agreement as above or does not start the work within 10 days of the issue of
letter/telegram of intent, his earnest money is liable to be forfeited and letter of
intent consequently will stand withdrawn.
85.0 MANNER OF EXECUTION OF AGREEMENT
i. The agreement as per prescribed Performa as enclosed to the Additional
Conditions of Contract shall be signed at the office of EPI within 10 days
from the date of issue of Letter of Intent. The Contractor shall provide for
signing of the Contract, appropriate Power of Attorney in favour of the
authorised representative duly attested by notary Public and the requisite
documents/materials. Till a formal contract is prepared and executed, the
Letter of Intent read in conjunction with the Bidding Documents will
constitute a binding contract.
ii. The agreement will be signed in two originals and three more copies, EPI
shall retain the ‘Original’, the Contractor shall be provided with the other
signed original and the remaining three copies will be retained by EPI. In
case of a dispute of any kind whatsoever, the ‘Original” retained by EPI
alone shall be treated as the ‘Original Agreement’.
iii. The Contractor shall provide free of cost to EPI all the Engineering data,
drawings and descriptive materials submitted along with the bid, in at least
five (5) copies to form an integral part of the Agreement within seven 7 days
after issuing of Letter of Intent.
iv. Subsequent to signing of the Agreement, the Contractor at his own cost
shall provide to EPI with at least five (5) true hard bound copies of
Agreement alongwith all the enclosures viz. letter of intent, Tender
Documents etc. within thirty (30) days of its signing.

86.0 PURCHASE PREFERENCE TO PUBLIC SECTOR ENTERPRISES

EPI reserves its right to extend Purchase Preference to Central Public Sector
Enterprises (CPSEs) as per policy of Government of India, if any, as applicable
on this work. The tenderers are requested to go through latest instructions of
Government of India on its Purchase Preference Policy for CPSEs before quoting
for the Tender.
87.0 CHANGE IN FIRM’S CONSTITUTION TO BE INTIMATED

Where the Contractor is a partnership firm, prior approval in writing of EPI shall
be obtained before any change is made in the constitution of the firm. Where the
Contractor is an individual or a Hindu undivided family business concern such
approval as aforesaid shall likewise be obtained before the Contractor enters into
any partnership agreement whereunder the partnership firm would have the right
to carry out the works hereby undertaken by the Contractor. If prior approval as
aforesaid is not obtained, the contract shall be deemed to have been assigned in

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contravention of Clause 59.1 hereof and EPI shall be entitled to take action under
Clause 72.2 (xi).

88.0 COMPLIANCE WITH ISO PROCEDURES

EPI is an IS0-9001 and ISO-14001 Company. The conditions of the ISO as

applicable shall be followed by the Contractor for implementation & maintaining
the established procedures of EPI.

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LABOUR SAFETY PROVISIONS

1.0 Suitable scaffolds should be provided for workmen for all works that cannot
safely be done from the ground, or from solid construction except such short
period work as can be done safely from ladders. When a ladder is used an extra
mazdoor shall be engaged for holding the ladder and if the ladder is used for
carrying materials as well, suitable footholds and handholds shall be provided on
the ladder and the ladder shall be given an inclination not steeper than 1/4 to 1
(1/4 horizontal and 1 vertical).
2.0 Scaffolding or staging more than 3.6m (12 feet) above the ground or floor, swung
or suspended from an overhead support or erected with stationery support shall
have a guard rail properly attached or bolted, braced and otherwise secured at
least 90 cm. (3 feet) high above the floor or platform of such scaffolding or
staging and extending along the entire length of the outside and ends thereof
with only such opening as may be necessary for the delivery of materials. Such
scaffolding or staging shall be so fastened as to prevent it from swaying from the
building or structure.
3.0 Working platforms, gangways, and stairways should be so constructed that they
should not sag unduly or unequally, and if the height of the platform or the
gangway or the stairway is more than 3.6m (12 feet) above ground level or floor
level, they should be closely boarded, should have adequate width & should be
suitable fastened as described in (2.0) above.
4.0 Every opening in the floor of a building or in a working platform shall be provided
with suitable means to prevent the fall of persons or materials by providing
suitable fencing or railing whose minimum height shall be 90 cm (3 feet).
5.0 Safe means of access shall be provided to all working platforms and other working
places. Every ladder shall be securely fixed. No portable single ladder shall be over
9m. (30 feet) in length while the width between side rails in rung ladder shall in no
case be less than 29 cm. for ladder up to and including 3m (10 feet) in length. For
longer ladders this width should be increased at least 1/4” for each additional 30 cm
(1 ft.) of length. Uniform step spacing shall not exceed 30 cm (12”). Adequate
precautions shall be taken to prevent danger from electrical equipment. No materials
on any of the sites of the work shall be so stacked or placed as to cause danger or
inconvenience to any person or the public. The Contractor shall provide all necessary
fencing and lights to protect the public from accident, and shall be bound to bear the
expenses of defence of every suit, action or other proceeding at law that may be
brought by an person for injury sustained owing to neglect of the above precautions
and to pay any damages and cost which may be awarded in any such suit, action or
proceedings to any such person or which may, with the consent of the Contractor, be
paid to compensate any claim by any such person.
6.0 EXCAVATION AND TRENCHING
All trenches, 1.2mts.(four feet) or more in depth, shall at all times be supplied
with at least one ladder for each 30m. (100 feet) in length or fraction thereof,
Ladder shall be extended from bottom of the trench to at least 90 cm (3feet)
above the surface of the ground. The sides of the trenches, which are 1.5m.
(5feet) or more in depth shall be stepped back to give suitable slope or securely
held by timber bracing, so as to avoid the danger or sides to collapsing. The
excavated materials shall not be placed within 1.5m (5 feet) of the edges of the

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trench or half of the depth of the trench whichever is more. Cutting shall be done
from top to bottom. Under no circumstances undermining or undercutting shall be
done.
7.0 Demolition - Before any demolition work is commenced and also during the progress
of the work:
7.1 All roads and open areas adjacent to the work Site shall either be closed or
suitably protected.
7.2 No electric cable or apparatus which is likely to be a source of danger or a cable
or apparatus used by the operator shall remain electrically charged.
7.3 All practical steps shall be taken to prevent danger to persons employed from
risk or fire or explosion or flooding. No floor, roof or other part of the building shall
be overloaded with debris or materials as to render it unsafe.
8.0 All necessary personal safety equipments as considered adequate by the
Engineer-In-Charge should be kept available for the use of persons employed on
the Site and maintained in a condition suitable for immediate use, and the
Contractor should take adequate step to ensure proper use of equipment by
those concerned- The following safety equipment shall be invariably provided.
8.1 Workers employed on mixing asphaltic materials, cement and lime mortars shall
be provided with protective footwear and protective goggles.
8.2 Those engaged in white washing and mixing or stacking of cement bags or any
materials which are injurious to the eye shall be provided with protective goggles.
8.3 Those engaged in welding works shall be provided with welder’s protective eye
shields.
8.4 Stone breakers shall be provided with protective goggles and protective clothing
and seated at sufficiently safe interval.
8.5 When workers are employed in sewers and manholes, which are in active use,
the Contractors shall ensure that the manhole covers are opened and ventilated
at-least for an hour before the workers are allowed to get into the manholes, and
the manholes so opened shall be cordoned off with suitable railing and provided
with warning signals or boards to prevent accident the public. In addition, the
Contractor shall ensure that the following safety measures are adhered to:
a. Entry for workers into the line shall not be allowed except under
supervision of the JE or any other higher officer.
b. At least 5 to 6 manholes upstream and down stream should be kept open
for at least 2 to 3 hours before any man is allowed to enter into the
manholes for working inside.
c. Before entry, presence of Toxic gases should be tested by inserting wet
lead acetate paper which changes colour in the presence of such gases
and gives indication of their presence.
d. Presence of Oxygen should be verified by lowering a detector lamp into
the manhole. In case, no Oxygen is found inside the sewer line, workers
should be sent only with Oxygen kit.

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e. Safety belt with rope should be provided to the workers. While working
inside the manholes such rope should be handled by two men standing
outside to enable him to be pulled out during emergency.
f. The area should be barricaded or cordoned of by suitable means to avoid
mishaps of any kind. Proper warning signs should be displayed for the
safety of the public whenever cleaning works are undertaken during night
or day.
g. No smoking or open flames shall be allowed near the blocked manhole
being cleaned.
h. The malba obtained on account of cleaning of blocked manholes and
sewer lines should be immediately removed to avoid accidents on
account of slippery nature of the malba.
i. Workers should not be allowed to work inside the manhole continuously.
He should be given rest intermittently. The Engineer In-charge may
decide the time up to which a worker may be allowed to work
continuously inside the manhole.
j. Gas masks with Oxygen Cylinder should be kept at Site for use in
emergency.
k. Air-blowers should be used for flow of fresh air through the manholes.
Whenever called for, portable air-blowers are recommended for
ventilating the manholes. The Motors for these shall be vapour proof and
of totally enclosed type. Non-sparking gas engines also could be used but
they should be placed at-least 2 meters away from the opening and on
the leeward side protected from wind so that they will not be a source of
friction on any inflammable gas that might be present.
l. The workers engaged for cleaning the manholes/ sewers should be
properly trained before allowing them to work in the manhole. m. The
workers shall be provided with Gumboots or non-sparking shoes, bump
helmets and gloves non-sparking tools, safety lights and gas masks and
portable air blowers (when necessary). They must be supplied with
barrier cream for anointing the limbs before working inside the sewer
lines.
n. Workmen descending a manhole shall try each ladder step or rung
carefully before putting his full weight on it to guard against insecure
fastening due to corrosion of the rung fixed to manhole well.
o. If a man has received a physical injury, he should be brought out of the
sewer immediately and adequate medical aid should be provided to him.
p. The extent to which these precautions are to be taken depend on
individual situation but the decision of the Engineer-In-Charge regarding
the steps to be taken in this regard in an individual case will be final.
8.6 The Contractor shall not employ men and women below the age of 18 years on
the work of painting with products containing lead in any form Wherever men
above the age of 18 are employed on the work of lead painting the following
precautions should be taken.
8.6.1 No paint containing lead or lead products shall be used except in the form of
paste or readymade paint.
8.6.2 Suitable facemasks should be supplied for use by the workers when paint is
applied in the form of spray or a surface having lead paint is dry rubbed and
scrapped.

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8.6.3 Overalls shall be supplied by the Contractor to the workmen and adequate
facilities shall be provided to enable the working painters to wash during the
cessation of work.

8.6.4.1 a. White lead, sulphate or lead work products containing those pigments
shall not be used in painting operation except in the form of paste or of
paints ready for use.

b. Measures shall be taken whenever required in order to prevent danger

arising from the application of paint in the form of spray.

c. Measures shall be taken, whenever practicable to prevent danger arising

out of dust caused by dry rubbing down and scrapping.

8.6.4.2 a. Adequate facilities shall be provided to enable working painter to wash

during and on cessation of work.

b. Suitable arrangements shall be made to prevent clothing put off during

working hours being spoiled by painting materials.

8.6.4.3 a) Cases of lead poisoning and of suspected lead poisoning shall be notified
and shall be subsequently verified by a medical man appointed by the
competent authorities of the Consultant.

b) EPI may require when necessary a medical examination of workers.

c) Instructions with regard to the special hygienic precautions to be taken in

the painting trade shall be distributed to working painters.

9.0 When the work is done near any place where there is risk of drowning, all
necessary equipments should be provided and kept ready for use and all
necessary steps taken for prompt rescue of any person in danger and adequate
provisions should be made for prompt first aid treatment of all injuries likely to be
obtained during the course of the work.

10.0 Use of hoisting machines and tackle including their attachment encourage and
supports shall conform to the following standard of conditions.

10.1 a. These shall be of good mechanical construction, sound material and

adequate strength and free from patent, defects and shall be kept
required in good working order.

b) Every rope used in hoisting or lowering materials or as a means of

suspension shall be of durable quality and adequate strength, and free
from patent defects.

10.2 Every crane driver or hoisting appliance operator shall be properly qualified and
no person under the age of 21 years should be in-charge of any hoisting machine
including any scaffolding, winch or giving signals to operator.

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10.3 In case of every hoisting machine and of every chain ring hook, shackle swivel
and pulley block used in hoisting or as means of suspension the safe working
load shall be ascertained by adequate means. Every hoisting machine and all
gear referred to above shall be plainly marked with the safe working load. In case
of a hoisting machine having a variable safe working load, each safe working
load and the conditions under which it is applicable shall be clearly indicated. No
part of any machine or any gear referred to above in this paragraph shall be
loaded beyond the safe working load except for the purpose of testing.

10.4 In case of EPI machines, the safe working load shall be notified by the Engineer-
In-Charge. As regards Contractor’s machines the Contractor shall notify the safe
working load of the machine to the Engineer-In-Charge whenever he brings any
machinery to Site of work and get verified by the Engineer-In-Charge.

11.0 Motors gearing, transmission electric wiring and other dangerous parts of
hoisting appliances should be provided with efficient safeguard, hosting
appliances should be provided with such means as will reduce to the minimum
the risk of accidental descent of the load. Adequate precautions should be taken
to reduce the minimum the risk of any part of a suspended load becoming
accidentally displaced. When workers are employed on electrical installations,
which are already energized, insulating mats, wearing apparel, such as gloves
sleeves and boots as may be necessary, be provided. The worker should not
wear any rings, watches and carry keys or other materials, which are good
conductors of electricity.

12.0 All scaffold, ladders, and other safety devices mentioned or described herein
shall be maintained in safe condition and no scaffold ladder or equipment shall
be altered or removed while it is in use. Adequate washing facilities should be
provided at or near places of work.

13.0 These safety provisions should be brought to the notice of all concerned by
display on a notice board at a prominent place of work spot. The person
responsible for compliance of the safety codes shall be named therein by the
Contractor.

14.0 To ensure effective enforcement of the rules and regulations relating to safety
precautions the arrangements made by the Contractor shall be open to inspection by
the or their representatives.

15.0 Notwithstanding the above Clauses from (i) to (xiv) there is nothing in these to
exempt the Contractor from the operations of any other Act or Rule in force in the
Republic of India.

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MODEL RULES FOR THE PROTECTION OF HEALTH AND

SANITARY ARRANGEMENTS FOR WORKERS
1.0 APPLICATION

These rules shall apply to all building and construction works in which 20 (twenty)
or more workers are ordinarily employed or are proposed to be employed in any
day during the period during which the Contractor work is in progress.

2.0 DEFINITION

Work place means a place where twenty or more workers are ordinarily
employed or are proposed to be employed in connection with construction work
on any day during the period during which the Contractor work is in progress.

3.0 FIRST-AID FACILITIES

3.1 At every work place first aid facilities shall be provided and maintained, so as to
be easily accessible during working hours, First-Aid boxes at the rate of not less
than one box per 150 contract labour or part thereof ordinarily employed.

3.2 The First-Aid box shall be distinctly marked with a red cross on white ground and
shall contain the following equipments:-

3.2.1 a) For work places in which number of contract labour employed does not
exceed 50, Each First-Aid box shall contain the following equipments:

i) 6 small sterilized dressings.

ii) 3 medium size sterilized dressings.
iii) large size sterilized dressings.
iv) 3 large sterilized burn dressings.
v) 1 (30 ml) bottle containing a two percent alcoholic solution of iodine.
vi) 1(30 ml) bottle containing salvolatile having the dose and mode of
administration indicated on the label.
vii) 1 snake-bite lancet.
viii) 1 (30 gms) bottle of potassium permanganate crystals.
ix) 1 pair of scissors.
x) 1 copy of the First-Aid leaf-let issued by the Director General, Factory
Advise Service & Labour Institutes, Government of India.
xi) 1 bottle containing 100 tablets (each of 5 grams) of aspirin.
xii) Ointment for burns.
xiii) A bottle of suitable surgical antiseptic solution.

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3.2.2 For work places in which the number of contract labour exceed 50. Each First-
Aid box shall contain the following equipments:

i) 12 small sterilized dressings.

ii) 6 medium size sterilized dressings.
iii) 6 large size sterilized dressings.
iv) 6 large size sterilized burn dressings.
v) 6 (15 gms) packet sterilized cotton wool.
vi) 1 (60 ml.) bottle containing a two percent iodine alcoholic solution.
vii) 1 (60 ml.) bottle containing salvolatile having the dose and mode of
administration indicated on the label.
viii) 1 roll of adhesive plaster.
ix) 1 snake – bite lancet.
x) 1 (30 gms.) bottle of potassium permanganate crystals.
xi) 1 pair of scissors.
xii) 1 copy of the First-Aid leaf-let issued by the Director General, Factory
Advice Service and Labour Institutes, Government of India.
xiii) A bottle containing 100 tablets (each of 5 grams) of aspirin.
xiv) Ointment for burns.
xv) A bottle of suitable surgical antiseptic solution.

3.3 Adequate arrangements shall be made for immediate recoupment of the

equipment when necessary.

3.4 Nothing except the prescribed contents shall be kept in the First Aid box.

3.5 The First Aid box shall be kept in charge of a responsible person who shall
always be readily available during the working hours of the work place.

3.6 A person in charge of the First-Aid box shall be a person trained in First-Aid
treatment, in work places where the number of labour employed is 150 or more.

3.7 In work places where the number of labour employed is 500 or more and hospital
facilities are not available within easy distance of the works, first-Aid Posts shall
be established and run by a trained Compounder. The Compounder shall be on
duty and shall be available at all hours when the workers are at work.

3.8 Where work places are situated in places, which are not towns of cities, a
suitable motor transport shall be kept readily available to carry injured person or
persons suddenly taken ill to the nearest hospital.

4.0 DRINKING WATER

4.1 In every work place, there shall be provided and maintained at suitable places,
easily accessible to labour, a sufficient supply of cold water fit for drinking.

4.2 Where drinking water is obtained from an intermittent public water supply, each
work place shall be provided with storage where such drinking water shall be
stored.

4.3 Every water supply of storage shall be at a distance of not less than 50 feet from
any latrines drain or other source of pollution, Where water has to be drawn from

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an existing well which is within such proximity of latrine, drain or any other source
of pollution, the well shall be properly chlorinated before water is drawn from it for
drinking. All such wells shall be entirely closed in and be provided with a trap-
door which shall be dust and waterproof.
4.4 A reliable pump shall be fitted to each covered well, trap-door shall be kept
locked and opened only for cleaning or inspection which shall be done at least
once a month.

5.0 WASHING FACILITIES

5.1 In every work place adequate and suitable facilities for washing shall be provided
and maintained for the use of labour employed herein.

5.2 Separate and adequate screening facilities shall be provided for the use of male
and female workers.

5.3 Such facilities shall be conveniently accessible and shall be kept clean and
hygienic condition.

6.0 LATRINES AND URINALS

6.1 Latrines shall be provided in every work place on the following scale, namely:

a) Where females are employed there shall be at least one latrine for every
25 females.

b) Where males are employed, there shall be at least one latrine for every
25 males.

Provided that where the number of males or females exceeds 100, it shall be sufficient if
there is one latrine for 25 males or females, as the case may be, up to the first 100, and
one for every 50 thereafter.

6.2 Every latrine shall be under cover and so partitioned off as to secure privacy, and
shall has a proper door and fastenings.

6.3 Construction of Latrines: The inside walls shall be constructed of masonry or

some suitable heat resisting non-absorbent materials and shall be cement
washed inside and outside at least once a year. Latrine shall not be a standard
lower than borehole system.

6.4 (a) Where workers of both sexes are employed, there shall be displayed
outside each block of latrine and urinal, a notice in the language
understood by the majority of the workers “For Men only” or “For Women
only” as the case may be.

(b) The notice shall also bear the figure of man or of a women, as the case
may be.

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6.5 There shall be at least one urinal for male workers up to 50and one for female
workers up to 50 employed at a time. Provided that where the number of male or
female workmen, as the case may be, exceeds 500, it shall be sufficient if there
is one urinal for every 50 males or females up to the first 500 and one for every
100 or part thereof, thereafter.
6.6 a) The latrines and urinals shall be adequately lighted and shall be
maintained in a clean and sanitary condition at all times.

b) Latrines and urinals other than those connected with a flush sewerage
system shall comply with the requirements of the Public Health
Authorities.

6.7 Water shall be provided by means of a tap or otherwise so as to be conveniently

accessible in or near the latrines and urinals.

6.8 DISPOSAL OF EXCRETA

Unless otherwise arranged for by the local sanitary authority arrangements for
proper disposal of excreta by incineration at the work place shall be made by
means of a suitable incinerator. Alternatively excreta may be disposed off by
putting a layer of night soil at the bottom of a pucca tank prepared for the
purpose and covering it with a 15 cm layer of waste or for refuse and then
covering it with a layer of earth for fortnight (when it will turn into manure).

6.9 The Contractor shall, at his own expense, carry out all instruction issued to him
by the Engineer-In-Charge to effect proper disposal of night soil and other
conservancy work in respect of the Contractor’s workmen or employees on the
Site. The Contractor shall be responsible for payment of any charges, which may
be levied by Municipal or Cantonment Authority for execution of such work on his
behalf.

7.0 PROVISION OF SHELTER DURING REST

At every place there shall be provided, free of cost four suitable sheds, two for
males and the other two for rest separately for the use of man and women
labour. The height of each shelter shall not be less than 3 meters from the floor
level to the lowest part of the roof. These shall be kept clean and the space
provided shall be on the basis of 0.6 sqm. Per head.

Provided that the Engineer-In-Charges may permit, subject to his satisfaction, a

portion of the building under construction or other alternative accommodation to
be used for the purpose.

8.0 CRECHES

8.1 A every work place, at which 20 or more women workers are ordinarily
employed, there shall be provided two rooms of reasonable dimensions for the
use of their children under the age of six years. One room shall be used as a
playroom for the children and the other as their bedrooms.

The rooms shall be constructed on standard not lower than the following:

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i) thatched roof
ii) mud floor and walls.
iii) planks spread over the mud floor and covered with matting
8.2 The rooms shall be provided with suitable and sufficient openings for light and
ventilation. There shall be adequate provision of sweepers to keep the places
clean.

8.3 The Contractor shall supply adequate number of toys and games in the playroom
and sufficient number of cots and beddings in the bedroom.

8.4 The Contractor shall provide one Ayaa to look after the children in the creche
when the number of women workers does not exceed 50 and two when the
number of women workers exceed 50.

8.5 The use of the rooms/earmarked as ealize shall be restricted to children, their
attendant and mother of the children.

9.0 CANTEENS

9.1 In every work place where the work regarding the employment of contract labour
is likely to continue for six months and wherein contract labour numbering one
hundred or more are ordinarily employed, an adequate canteen shall be provided
by the Contractor for the use of such labour.

9.2 The canteen shall be maintained by the Contractor in an efficient manner.

9.3 The canteen shall consist of at least a dining hall, kitchen, storeroom, pantry and
washing places separately for workers and utensils.

9.4 The canteen shall be sufficiently lighted at all times when any person has access
to it.

9.5 The floor shall be made of smooth and impervious material and inside walls shall
be lime washed or colour washed at least once in each year.

Provided that the inside walls of the kitchen shall be lime-washed every four
months.

9.6 The premises of the canteen shall be maintained in a clean and sanitary
condition.

9.7 Waste Water shall be carried away in suitable covered drains and shall not be
allowed to accumulate so as to cause a nuisance.

9.8 Suitable arrangements shall be made for the collection and disposal of garbage.

9.9 The dinning hall shall accommodate at a time 30 persons of the labour working at
time.

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9.10 The floor area of the dinning hall, excluding the area occupied by the service
counter and any furniture except tables and chair shall not be less than one
square meter per dinner to be accommodated.

9.11 a) A portion of the dinning hall, and service counter shall be partitioned off
and reserved for women workers in proportion to their number.

b) Washing places for women shall be separate and screened to secure

privacy.

9.12 Sufficient tables, stool, chairs or benches shall be available for the number of
dinners to be accommodated.

9.13.1 a) There shall be provided and maintained sufficient utensils, crockery,

furniture and any other equipment necessary for the efficient running of
the canteen.

b) The furniture, utensils and other equipment shall be maintained in a clean

and hygienic condition.

9.13.2 a) Suitable clean clothes for the employees serving in the canteen shall be
provided and maintained.

b) A service counter, if provided, shall have top of smooth and impervious

material.
c) Suitable facilities including an adequate supply of hot water shall be
provided for the cleaning of utensils and equipment.

9.14 The foodstuffs and other items to be served in the canteen shall be in conformity
with the normal habits of the labour.

9.15 The charge for food stuffs, beverages and any other items served in the canteen
shall be based on ‘No profit No loss’ and shall be conspicuously displayed in the
canteen.

9.16 In arriving at price of foodstuffs, and other articles served in the canteen, the
following items shall not be taken into consideration as expenditure, namely:

a) The rent of land building.

b) The depreciation and maintenance charges for the building and

equipment provided for the canteen.

c) The cost of purchase, repair and replacement of equipment including

furniture, crockery, cutlery and utensils:

d) The water charges and other charges incurred for lighting and ventilation:

e) The interest and amounts spent on the provision and maintenance and
equipment provided for in the canteen.

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Engineering Projects (India) Limited

9.17 The accounts pertaining to the canteen shall be audited once every 12
months by registered accountants and auditors.

10.0 ANTI MALARIAL PRECAUTIONS

The Contractor shall at his own expense, conform to all anti-malarial instructions
given to him by the Engineer-In-Charge including the filling up of any borrows pits
which may have been dug by him.

11.0 AMENDMENTS

EPI may from time to time, add to or amend these rules and issue such
directions as it may consider necessary for the purpose of removing any difficulty
which may arise in the administration hereof.

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 General Conditions of Contract
Engineering Projects (India) Limited

CONTRACTOR’S LABOUR REGULATIONS

1.0 SHORT TITLE

These regulations may be called the Contractor “Labour Regulations”.

2.0 DEFINITIONS

2.1 “Workman” means any person employed by EPI or its Contractor directly or
indirectly through a sub-Contractor, with or without the knowledge, of EPI to do
any skilled, semi-skilled, unskilled, manual, supervisory, technical or clerical work
for hire or reward, whether, the terms of employment are expressed or implied
but does not include any person-

a) Who is employed mainly in a managerial or administrative capacity; or

b) Who being employed in a supervisory capacity draws wages exceeding

Rupees Two thousand Five hundred per person or exercises either by the
nature of the duties attached to the office or by reason of powers vested
to him, functions mainly of managerial nature.

c) Who is an out worker, that is to say, a person to whom any articles or

materials are given out by or on behalf of the principal Employer to be
made up cleaned, washed, altered, ornamental finished, repaired,
adopted or otherwise processed for sale for the purpose of the trade or
business of the principal Employer and the process is to be carried out
either in the home of the out worker or in some other premises, not being
premises under the control and management of the principal Employer.

2.2 “Fair Wages” means wages whether for time or piecework fixed and notified
under the provisions of the minimum Wages Act from time to time.

2.3 “Contractor” shall include every person who undertake to produce a given result
other than a mere supply of goods or articles of manufacture through labour or
who supplies labour for any work and includes a sub-Contractor.

2.4 “Wages” shall have the same meaning as defined in the Payment of Wages Act.

2.4.1 Normally working hours of an adult employee should not exceed 9 hours a day.
The working day shall be so arranged that inclusive of interval for rest, if any, it
shall not spread over more than 12 hours on any day.

2.4.2 When an adult worker is made to work for more than 9 hours on any day or for
more than 48 hours in any week he shall be paid overtime for the extra hours put
in by him at double the ordinary rate of wages.

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General Conditions of Contract
Engineering Projects (India) Limited

2.4.3.1 Every worker shall be given a weekly holiday on a Sunday, in accordance with
the provisions of the Minimum Wages (Central) Rules 1960 as amended from
time to time, irrespective of whether such worker is governed by the Minimum
Wages Act or not.

2.4.3.2 Whether the Minimum Wages prescribed by the Government under the Minimum
Wages Act are not inclusive of the wages for the weekly day of rest, the worker
shall be entitled to rest day wages at the rate applicable to the next preceding
day, provided he has worked under the same Contractor for a continuous period
of not less than 6 days.

2.4.3.3 here a Contractor is permitted by the Engineer-In-Charge to allow a worker to

work on a normal weekly holiday, he shall grant a substitute holiday to him for the
whole day on one of the five days immediately before or after the normal weekly
holidays and pay wages to such worker for the work performed on the normal
weekly holiday at overtime rate.

3.0 DISPLAY OF NOTICE REGARDING-WAGES, ETC.

The Contractor shall before he commences his work on contract, display and
correctly maintain and continue to display and correctly maintain in a clean and
legible condition in conspicuous places on the work, notices in English and in the
local Indian languages spoken by the majority of the workers, giving the minimum
rates of wages fixed under the Minimum Wages Act, the actual wages being
paid, the hours of work for which such wages are earned, wage period, dates of
payment of wages and other relevant information as per Appendix ‘A’.

4.0 PAYMENT OF WAGES

4.1 The Contractor shall fix wage periods in respect of which wages shall be
payable.

4.2 No wage period shall exceed one month.

4.3 The wages of every person employed as labour in an establishment or by a

Contractor where less than one thousand, such persons are employed shall be
paid before the expiry of the seventh day and in other cases before the expiry of
tenth day after the last day of the wage period in respect of which the wages are
payable.

4.4 Where the employment of any worker is terminated by or on behalf of the

Contractor the wages earned by him shall be paid before the expiry of the
second working day from the date on which his employment is terminated.

4.5 All payments of wages shall be made on a working day at the work premises and
during the working time and on a date notified in advance and in case the work is
completed before the expiry of the wage period, final payment shall be made
within 48 hours of the last working day.

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 General Conditions of Contract
Engineering Projects (India) Limited

4.6 Wages due to every worker shall be paid to him direct or to other person
authorized by him in this behalf.

4.7 All wages shall be paid in current coin or currency or in both.

4.8 Wages shall be paid without any deductions of any kind except those specified
by the Central Government by general or special order in this behalf or
permissible under the Payment of Wages Act 1956.

4.9 A notice showing the wage period and the place and time of disbursement of
wages shall be displayed at the place of work and a copy sent by the Contractor
to the Engineer-In-Charge under acknowledgment.

4.10 It shall be the duty of the Contractor to ensure the disbursement of wages in the
presence of the Engineer or any other authorized representatives of the
Engineer-In-Charge who will be required to be present at the place and time of
disbursement of wages by the Contractor to workmen.

4.11 The Contractor shall obtain from the Engineer or any other authorized
representative of the Engineer-In-Charge as the case may be, a certificate under
his signature at the end of the entries in the “Register of Wages” or the “Wage-
cum-Muster Roll” as the case may be in the following form :

“Certified that the amount shown in column No…......... has been paid to the
workmen concerned in my presence on…............. at ….........”

5.0 FINES AND DEDUCTIONS, WHICH MAY BE MADE FROM WAGES

5.1 The wages of a worker shall be paid to him without any deduction of any kind
except the following :

a) Fines

b) Deductions for absence from duty i.e. from the place or the places where
by the terms of his employment he is required to work. The amount of
deduction shall be in proportion to the period for which he was absent.

c) Deduction for damage to or loss of goods expressly entrusted to the

employed persons for custody, or from loss of money or any other
deduction which he is required to account where such damage or loss is
directly attributable to his neglect or default.

d) Deduction for recovery of advances or for adjustment of over payment of

wages, advances granted shall be entered in a register.

e) Any other deduction, which the Central Government may from time to
time allow.

5.2 No fines should be imposed on any worker save in respect of such acts and
omissions on his part as have been approved by the Chief Labour
Commissioner.

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General Conditions of Contract
Engineering Projects (India) Limited

NOTE: An approved list of Acts and Omissions for which fines can be imposed is
enclosed at Appendix-I.

5.3 No fine shall be imposed on a worker and no deduction for damage or loss shall
be made from his wages until the worker has been given an opportunity of
showing cause against such fines or deductions.

5.4 The total amount of fine which may be imposed in any one-wage period on a
worker shall not exceed an amount equal to three paise in a Rupee of the total
wages, payable to him in respect of that wage period.

5.5 No fine imposed on any worker shall be recovered from him in installment, or
after the expiry of sixty days from the date on which it was imposed.

5.6 Every fine shall be deemed to have been imposed on the day of the act or
omission in respect of which it was imposed.

6.0 LABOUR RECORDS

6.1 The Contractor shall maintain a “Register of persons employed” on work on

contract in form XIII of the CL (R&A) Central Rules 1971 (Appendix-B).

6.2 The Contractor shall maintain a “Muster Roll” register in respect of all workmen
employed by him on the work under contract in from XVI of the CL (R&A) Rules
1971 (Appendix-C).
6.3 The Contractor shall maintain a “Wage Register” in respect of all workmen
employed by him on the work in form (Appendix-D).

6.4 Register of accidents – The Contractor shall maintain a register of accidents in

such form as may be convenient at the work place but the same shall include the
following particulars:

a) Full particulars of the labourers who met with accident.

b) Rate of wages
c) Sex
d) Age
e) Nature of accident and cause of accident.
f) Time and date of accident.
g) Date and time when he/she admitted in Hospital
h) Date of discharge from the Hospital
i) Period of treatment and result of treatment
j) Percentage of loss of earning capacity and disability as assessed by
Medical Officer.
k) Claim required to be paid under Workmen’s Compensation Act.
l) Date of payment of compensation.
m) Amount paid with details of the person to whom the same was paid.
n) Authority by whom the compensation was assessed.
o) Remarks.

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 General Conditions of Contract
Engineering Projects (India) Limited

6.5 Register of Fines – The Contractor shall maintain a “Register of Fines” in the
form
(Appendix-H).

The Contractor shall display in a good condition and in a conspicuous place of

work the approved list of Acts and Omission for which fines can be imposed
(Appendix-I).

6.6 Register of Deductions-The Contractor shall maintain a “Register of Deductions”

for damage or loss in form (Appendix-J).

6.7 Register of Advances-The Contractor shall maintain a “Register of Advances” in

form (Appendix-K).

6.8 Register of Overtime-The Contractor shall maintain a “Register of Overtime” in

form (Appendix-L).

7.0 ATTENDANCE CARD-CUM WAGE SLIP:

7.1 The Contractor shall issue an attendance card-cum-wage slip to each workman
employed by him in the specimen form at (Appendix-E).

7.2 The card shall be valid for each wage period.

7.3 The Contractor shall mark the attendance of each workman on the card twice
each day, once at the commencement of the day and again after the rest interval,
before he actually starts work.

7.4 The card shall remain in possession of the worker during the wage period under
reference.

7.5 The Contractor shall complete the wage slip portion on the reverse of the card at
least a day prior to the disbursement of wages in respect of the wage period
under reference.

7.6 The Contractor shall obtain the signature or thump impression of the worker on
the wage slip at the time of disbursement of wages and retain the card with
himself.

8.0 EMPLOYMENT CARD

The Contractor shall issue an Employment Card in form to each worker within
three days of the employment of the worker (Appendix-F).

9.0 SERVICE CERTIFICATE

On termination of employment for any reason whatsoever the Contractor shall

issue to the workman whose services have been terminated, a service certificate
in from Appendix-G.

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General Conditions of Contract
Engineering Projects (India) Limited

10.0 PRESERVATION OF LABOUR RECORDS

All records required to be maintained under Regulations Nos. 6 and 7 shall be

preserved in original for a period of three years from the date of last entries made
in them and shall be made available for inspection by the Engineer-In-Charge,
Labour Officer.

11.0 POWER OF LABOUR OFFICERS TO MAKE INVESTIGATIONS INQUIRY

The Labour Officer or any other person authorized by EPI on its behalf shall have
power to make inquires with a view to ascertaining and enforcing due and proper
observance of the Fair Wage Clauses and the Provisions of Regulations. He
shall investigate into any complaint regarding the default made by the Contractor
or sub-Contractor in regard to such provision.

12.0 INSPECTION OF BOOK AND SLIPS

The Contractor shall allow inspection of all the prescribed labour records to any
of his workers or to his agent at a convenient time and place after due notice is
received or to the Labour officer or any other person, authorized by the Central
Government on his behalf.

13.0 SUBMISSION OF RETURNS

The Contractor shall submit periodical returns as may be specified from time to
time.

14.0 AMENDMENTS

EPI may from to time, add or amend the regulations and on any question as to
the application, interpretation or effect of these regulations the decision of the
Zonal Chief concerned shall be final.

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 General Conditions of Contract
Engineering Projects (India) Limited

Appendix – ‘A’

LABOUR BOARD
Name of work

Name of Contractor

Address of Contractor

Name and Address of Unit

Name of Labour Enforcement Officer

Address of Labour Enforcement Officer

Date:

S. No. Category Minimum wage Actual wages Number Remarks

fixed paid present

Weekly Holiday

Wage Period

Date of Payment of wages

Working hours

Rest interval

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General Conditions of Contract
Engineering Projects (India) Limited

Appendix – ‘B’
FORM 13
SEE RULE 75

REGISTER OF WORKMEN EMPLOYED BY CONTRACTOR

Name and Address of Contractor

Name and Address of Establishment in/

under which contract is carried on

Nature and location of work

Name & Address of Principal Employer

Sl. Name and Age & Father’s Nature of Permanent home Local
No. surname of sex Husbands employment address of the addre
workman Name / workman (village ss
designation and Tehsil Taluk
and District)
1 2 3 4 5 6 7

Date of Signature or thumb Date of Reasons for Remarks

commencement impression of the termination of termination
of employment workman employment

8 9 10 11 12

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 General Conditions of Contract
Engineering Projects (India) Limited

Appendix – ‘C’
FORM XVI
(See Rule 78(2) (193)

MUSTER ROLL
Name and address of Contractor

Name and address of establishment in/under

which contract is carried on

Nature and location of work

Name and Address of Principal Employer

For the month / fortnight

S.No. Name of the Sex Father’s / Dates Remarks

workman Husband’s
Name

1. 2 3 4 5.

1 2 3 4 5

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General Conditions of Contract
Engineering Projects (India) Limited

Appendix – ‘D’
FORM XVII
[SEE RULE 78(2) (03)]

REGISTER OF WAGES

Name and address of Contractor

Name and address of establishment in/under

which contract is carried on

Nature and location of work

Name and Address of Principal Employer

Wage period: per month/ fortnightly

S. Name of Serial No. Designation Nos. of Units Daily rate Basic

No. Workman in the nature of days of of wages/ Wages
register of work done worked work piece rate
workman done

1 2 3 4 5 6 7 8

Dearness Overtime Other Total Duration Net Signature Initial

allowance cash if any Amt thumb Contractor
payments (indicate) paid impression or his
(Nature of the representative
of workman
payments
to be
indicated)

9 10 11 12 13 14 15 16

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 General Conditions of Contract
Engineering Projects (India) Limited

Appendix – ‘E’
FORM XIX
[SEE RULE 78 (2) (B)]

WAGESLIP

Name and address of Contractor

Name and Father’s/Husband's Name of workman

Nature and location of work

For the Week/Fortnight/Month ending

1. No. of days worked

2. No. of Units worked in case of piece rate workers

3. Rate of daily wages/piece rate

4. Amount of overtime wages

5. Gross wages payable

6. Deductions if any

7. Net amount of wages paid

Sign of the Contractor

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General Conditions of Contract
Engineering Projects (India) Limited

Appendix – ‘E’
WAGE CARD
WAGE CARD NO.
NAME AND ADDRESS OF CONTRACTOR DATE OF ISSUE

NATURE OF WORK WITH LOCATION DESIGNATION

NAME OF WORKMAN MONTH/FORTNIGHT

RATE OF WAGES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
26 27 28 29 30 31

MORNING RATE

EVENING AMOUNT

INITIAL

RECEIVED FROM THE SUM OF RS. ON ACCOUNT

OF MY WAGON.

SIGNATURE

THE WAGE CARD IS VALID FOR ONE MONTH FROM THE DATE OF ISSUE.

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 General Conditions of Contract
Engineering Projects (India) Limited

Appendix – ‘F’
FORM XIV
(SEE RULE 76)

EMPLOYMENT CARD
Name and address of Contractor

Name and address of establishment under which

The contract is carried out

Nature and location of work

Name and address of Principal Employer

1. Name of the workman

2. S. Name in the register of workman employed

3. Nature of Employment/Designation

4. Wage rate (with particulars of unit in

case of piece work)

5. Wage Period

6. Tenure of employment

7. Remarks

Signature of Contractor

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General Conditions of Contract
Engineering Projects (India) Limited

Appendix – ‘G’
FORM XV
(SEE RULE 77)

SERVICE CERTIFICATE
Name and address of Contractor

Nature and location of work

Name and address of workman

Age or date of birth

Identification Marks

Father’s/Husband's Name

Name and address of establishment in under which

contract is carried on

Name and address of Principal Employer

Total period of which employed

S.No. From To Nature of work Rate of wages (with Remarks

particular s of unit In
case of piece work)

1 2 3 4 5 6

Signature

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 General Conditions of Contract
Engineering Projects (India) Limited

Appendix – ‘H’
FORM XII
[SEE RULE 78 (2) (D)]

REGISTER OF FINES
Name and address of Contractor

Name and address of establishment in/ under which

contract is carried on

Nature and location of work

Name and address of workman

Name and address of Principal Employer

S.No. Name of Father’s/Husband Designation/nature Act/Omission Date of

workman Name of employment for which fine offence
imposed

1 2 3 4 5 6

Whether Name of Wage Amount of Date on which Remarks

workman person in period fine fine realized
showed whose and Imposed
causes presence wages
against employees payable
fine explanation
was
heard

7 8 9 10 11 12

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General Conditions of Contract
Engineering Projects (India) Limited

Appendix – ‘I’

LIST OF ACTS AND OMISSIONS FOR

WHICH FINES CAN BE IMPOSED
In accordance with rule of Labour Regulations, to be displayed prominently at the Site of
work both in English and local language.

1. Willful insubordination or disobedience, whether alone or in combination with other.

2. Theft, fraud or dishonestly in connection with Contractors beside a business or
property of EPI.
3. Taking or giving bribes or any illegal gratifications.
4. Habitual late attendance.
5 Drunk-ness fighting riotous or disorderly or indifferent behaviour.
6. Habitual negligence.
7. Smoking near or around the area where combustible or other materials are locked.
8. Habitual indiscipline.
9. Causing damage to work in the progress or to property of EPI or of the
Contractor.
10. Sleeping on duty.
11. Malingering or slowing down work.
12. Giving the false information regarding name, age, fathers name etc.
13. Habitual loss of wage cards supplied by the Employer.
14. Unauthorized use of Employers property or manufacturing or making of unauthorized
articles at the work place.
15. Bad workmanship in construction and maintenance by skilled workers, which is not
approved by EPI for which the Contractors are compelled to undertake rectifications.
16. Making false complaints and/or misleading statements.
17. Engaging on trade within the premises of the establishment.
18. Any unauthorized divulgence of business affairs of the employees.
19. Collection or canvassing for the collection of any money within the premises of an
establishment unless authorized by the Employer.
20. Holding meeting inside the premises without previous sanction of the Employers.
21. Threatening or intimidating any workman or employee during the working hours
within the premises.

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 General Conditions of Contract
Engineering Projects (India) Limited

Appendix – ‘J’
FORM XX
[SEE RULE 78 (2) (D)]

REGISTER OF DEDUCTION FOR DAMAGES OR LOSS

Name and address of Contractor

Name and address of establishment in/ under which

contract is carried on

Nature and location of work

Name and address of Principal Employer

S.No. Name of Father’s/Husband Designation/nature Particulars Date of

workman Name of employment of damage/loss
damage or
loss

1 2 3 4 5 6

Date of recovery
Whether Name of Amount No. of First Last Remarks
workman person of installment Installment Installment
showed in whose deduction
cause presence Imposed
against employees
deductions explanation
was
heard

7 8 9 10 11 12 13

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General Conditions of Contract
Engineering Projects (India) Limited

Appendix – ‘K’
FORM XXII
[SEE RULE 78(2)]

REGISTER OF ADVCANCES

Name and address of Contractor

Name and address of establishment in/ under which

contract is carried on

Nature and location of work

Name and address of Principal Employer

S.No. Name of Father’s/Husband Designation/nature Wages period Date and

workman Name of employment and wages amount of
payable advance
given

1 2 3 4 5 6

Purpose / for No. of Date and Date on which Remarks

which advance installments amount of each last installment
made by which installment was repaid
advance repaid
is to be paid

7 8 9 10 11

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 General Conditions of Contract
Engineering Projects (India) Limited

Appendix – ‘L’
FORM XXIII
[See Rule 78(2) (E)]

REGISTER OF OVERTIME
Name and address of Contractor

Name and address of establishment in/ under which

contract is carried on

Nature and location of work

Name and address of Principal Employer

S.No. Name of Father’s/Husband Sex Designation/ Date on

workman Name nature of which
employment overtime
worked

1 2 3 4 5 6

Total overtime Normal Overtime Overtime Rate on Remarks

worked or rate rate earning which
production in of wages of wages overtime
case of piece wages paid
rated

7 8 9 10 11 12

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General Conditions of Contract
Engineering Projects (India) Limited

APLICATION FOR EXTENSION OF TIME

(To be completed by the Contractor)

P A R T –I
1. Name of Contractor

2. Name of the work as given in the Agreement

3. Agreement No.

4. Estimated amount put to Tender

5. Date of commencement work as per agreement

6. Period allowed for completion of work as per agreement

7. Date of completion stipulated as per agreement

8. Period for which extension of time has been given previously

Extension granted

a) First extension vide Engineer-in-

charge letter No… ……date Months Days

b) 2nd extension vide Engineer-in-

charge letter No……… date Months Days

c) 3rd extension vide Engineer-in-

charge letter No………. date Months Days

d) 4th extension vide engineer-in-

charge letter No………. date Months Days

Total extension previously given

9. Reasons for which extension have been previously given (copies of the previous
application should be attached)

10. Period for which extension is applied for:

11. Hindrances on account of which extension is applied for with dates on which
hindrances occurred, and the period for which these are likely to last.

a) Serial No.

b) Nature of hindrance

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 General Conditions of Contract
Engineering Projects (India) Limited

c) Date of Occurrence

d) Period for which it is likely to last

e) Period for which extension required for this particular hindrance.

f) Over lapping period, if any, with reference to item

g) Net extension applied for

h) Remarks, if any

Total period for which extension is now applied for on account of

hindrances mentioned above …………. Month/ days.

12. Extension of time required for extra work.

13. Details of extra work and on the amount involved:

a) Total value of extra work

b) Proportionate period of extension of time based on estimated amount put
to tender on account of extra work.

14. Total extension of time required for 11 & 12

Submitted to the Engineer-In-Charges office.

SIGNATURE OF CONTRACTOR

DATE

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General Conditions of Contract
Engineering Projects (India) Limited

APPLICATION FOR EXTENSION OF TIME

(PART – II)
1. Date of receipt of application from Contractor
for the work in the Engineer-In-Charge office.

2. Acknowledgement issued by Engineer-In-Charge

vide his letter No dated

3. Engineer-In-Charge remarks regarding hindrances mentioned by

the Contractor.

i) Serial No.
ii) Nature of hindrance
iii) Date of occurrence of hindrance
iv) Period for which hindrance, is likely to last
v) Extension of time period applied for by the Contractor
vi) Over lapping period, if any, giving reference to items which over lap
vii) Net period for which extension is recommended.
viii) Remarks as to why the hindrance occurred and
justification for extension recommended.

4. Engineer-In-Charge recommendations.

(The present progress of the work should be stated and whether the work is likely
to be completed by the date upto which extension has been applied for. If
extension of time is not recommended, what compensation is proposed to be
levied under the agreement.

SIGNATURTE OF ENGINEER-IN-CHARGE

APPROVAL OF ZONAL HEAD

Signature of Contractor Page 98 EPI

 General Conditions of Contract
Engineering Projects (India) Limited

PROFORMA FOR EXTENSION OF TIME

P A R T –III
To

NAME

ADDRESS OF THE CONTRACTOR

SUBJECT:

Dear Sir(s)

Reference your letter No ___________ dated _________ , in connection with the grant
of extension of time for completion of the work…..

The date of completion for the above mentioned work, is ……… ……………… as
stipulated in the agreement,
dated …………

Extension of time for completion of the above mentioned work is granted

upto_____________, without prejudice to the right of EPI to recover compensation for
delay in accordance with the provision made in the relevant Clause (s) of the said
agreement dated the ___/ ___/ ___. It is also clearly understood that EPI shall not
consider any revision in contract price or any other compensation whatsoever due to
grant of this extension.

Provided that notwithstanding the extension hereby granted, time is and shall still
continue to be the essence of the said agreement.

Yours faithfully,

FOR EPI LTD.

Signature of Contractor Page 99 EPI

General Conditions of Contract
Engineering Projects (India) Limited

FORMAT NO: EPI/MMD/F/26

PROFORMA FOR BANK GURANTEE IN LIEU OF

EARNEST MONEY DEPOSIT

In consideration of Chairman & managing Director, Engineering Projects (India) Limited,

(A Govt. of India Enterprise), Core-3, Scope Complex, Lodhi Road, New Delhi Pin-
110003. (hereinafter called the EPI) having agreed to accept bank Guarantee of Rs
................... in lieu of EARNEST MONEY DEPOSIT from
..................................................................... (hereinafter called the Supplier/ Contractor/
Sub-Contractor, which expression shall include its heirs, successors and assignees) in
respect of the Tender for
.................................................................................................................

We, ........................................ bank having its registered/head office at

................................... (hereinafter referred to as the Bank) do hereby agree and
undertake to pay to EPI without demur or protest an amount not exceeding
Rs............................. on demand by EPI.

We the above said Bank further agree and undertake to pay the said amount of
Rs.......................... without any demur on demand within 48 hours. Any demand made
on the Bank by EPI shall be conclusive as regards the amount due and payable by the
Bank under this guarantee.

We the above said Bank further agree that the guarantee herein contained shall be in full
force and in effect until ............................................................... date ..............................

Unless a demand or claim under this guarantee is made on us in writing on or before

....................................... date ............................... , we shall be discharged from all
liabilities under this guarantee thereafter.

We, the above said Bank, further agree that EPI shall have full liberty, without our
consent and without affecting in any manner our obligation to verify, modify or delete any
of the conditions.

We, the above said Bank, lastly undertake not to revoke this guarantee during its
currency except with the prior consent of EPI in writing.

Dated………………..…..this day of……………..200.

For and on behalf of the Bank

NOTE: on a Non-Judicial stamp paper of Rs. 100/- (Rupees One hundred only)

Signature of Contractor Page 100 EPI

 General Conditions of Contract
Engineering Projects (India) Limited

FORMAT NO. EPI/MMD/F/17

SECURITY DEPOSIT CUM PERFORMANCE BANK GUARANTEE

The Chairman &Managing Director

(A Govt. of India Enterprise),
Engineering Projects (India) Ltd.
Core-3, SCOPE Complex
7, Institutional Area, Lodhi road
New Delhi –110 003

Dear Sir,

In consideration of the Chairman & Managing Director, Engineering Projects (India) Ltd.
(A Govt. of India Enterprise), Core-3, Scope Complex, 7 Institutional Area, Lodhi Road,
New Delhi – 110 003 (hereinafter called ‘EPI’ which expression shall unless repugnant to
the subject or context includes its successors and assigns) having agreed under the
terms and conditions of Supply Contract/Contract/Sub-Contract
no.____________________________________________________________________
______Dated_______________________made between M/s
________________________________________________________________
_________________________ (hereinafter referred to as the said
Supplier/Contractor/Sub-Contractor) which expression shall unless repugnant to the
subject or context includes its successors and assigns) and EPI in connection with
______________________________________________ (hereinafter called ‘The said
Supply Contract/Contract/Sub-Contract) to accept a Deed Security Deposit-cum-
Performance Bank Guarantee as herein provided for ________________________in
lieu of :

a) The Security Deposit to be made by the said Supplier/Contractor/Sub-Contractor

for the due fulfillment by the said Supplier/Contractor/Sub-Contractor of the terms
and conditions contained in the said Supply Contract/Contract/Sub-contract, and

b) Fulfillment of the conditions of the said Supply Contract /Contract/Sub-Contract

by furnishing a security for the performance of the works and/or
equipment/materials supplied in accordance with conditions of the said Supply
Contract/ Contract/ Sub-Contract.

1. We _____________________________(hereinafter referred to as “the said bank

which expression shall unless repugnant to the subject or context includes its
successors and assigns) and having our registered office at
________________________ do hereby unconditionally and irrevocably undertake
and agree to indemnify and keep indemnified EPI from time to time to the extent of
(_______________________________) Only against any loss, damages, costs,
charges and expenses caused to or suffered by or that may be caused or suffered by
EP [I by reason of any breach or breaches by the said Supplier/Contractor/Sub-
Contractor of any of the terms and conditions contained in the said Supply
Contract/Contract/Sub-Contract and or any amount becoming due for non-

Signature of Contractor Page 101 EPI

General Conditions of Contract
Engineering Projects (India) Limited

performance and /or penalty as assessed by EPI and top unconditionally pay the
amount claimed by EPI on demand and without demur and protest.

2. We the said Bank further agree that the guarantee herein contained shall remain in
full force and effect during the period that would be taken for the performance of the
said Supply Contract/Contract/Sub-Contract and till all the dues of EPI under the said
Supply Contract/Contract/Sub-Contract or by virtue of any of the terms and
conditions governing the said Supply Contract/ Contract/ Sub-Contract have been
fully paid and its claims satisfied or discharged and till EPI certifies that the terms
and conditions of the said Supply Contract/Contract/Sub-Contract have been fully
and properly carried out by the said Supplier/Contractor/Sub-Contractor and
accordingly discharge this guarantee subject, however, that EPI shall have no claim
under this guarantee after 6 months from the date of expiry of the guarantee unless
a notice of the claim under this guarantee has been served on the Bank before the
expiry of the said period of 6 months.

3. EPI shall have the fullest liberty without affecting in any way the liability of the said
Bank under this Guarantee or indemnity from time to time to vary any of the terms
and conditions of the said Supply Contract/Contract/Sub-Contract to extend time of
performance of the said Supply Contract/ Contract/ Sub-Contract or to postpone for
any time and from time to time any power’s exercisable by it against the said
Supplier/Contractor/Sub-Contractor and either to enforce or forbear from enforcing
any of the terms and conditions governing the said Supply Contract/ Contract/ Sub-
Contract or securities available to EPI and the said Bank shall not be released from
its liability under these presents by any exercise by EPI of the liberty with reference
to the matters aforesaid or by reason of time being given to the said
Supplier/Contractor/Sub-Contractor or of any other matter or thing whatsoever which
under the law relating to sureties would but for this provision have the effect of so
releasing the said Bank from its such liability.

4. We, the said Bank, further agree that EPI shall be the sole judge of and as to
whether the said Supplier/Contractor/Sub-Contractor has committed any beach or
breaches of any of the terms and conditions of the said Supply Contract/Contract/
Sub-Contract and the extent of loss, damage, cost, charges and expenses caused to
or suffered by or that may be caused to or suffered by EPI on account thereof and
the decision of EPI that the said Supplier/Contractor/Sub-Contractor has committed
such breach or breaches and as to the amount or amounts of loss, damages, costs,
charges and expenses caused to or suffered by EPI from time to time shall be final
and binding on the Bank.

5. This guarantee shall be a continuing guarantee and shall remain valid and
irrevocable for all claims of EPI and liabilities of the said Supplier/Contractor/Sub-
Contractor arising up to and until mid night of ________________________, subject
the claim period as mentioned in para ______________.

6. This guarantee shall be in addition to any other guarantee or security whatsoever

that EPI may now or at any time anywise may have in relation to the said
Supplier/Contractor/Sub-Contractor obligation/liabilities under and/or in connection
with the said Supply Contract/Contract/Sub-Contract and EPI shall have full authority
to take recourse to or enforce this guarantee in preference to any other guarantee or

Signature of Contractor Page 102 EPI

 General Conditions of Contract
Engineering Projects (India) Limited

security which EPI may have or obtain and there shall be no forbearance on the part
of EPI IN ENFORCING OR REQUIRING ENFORCEMENT OF ANY OTHER
SECURITY AND shall not have the effect of releasing the said Bank from its full
liability hereunder:

7. EPI shall be at liberty without reference to the said Bank and without effecting the full
liability of the said Bank hereunder to take any other security in respect of the said
supplier’s/Contractor’s/sub-Contractor’s obligations and/or liabilities under or in
connection with the said Supply Contract/ Contract/ Sub-Contract.

8. This guarantee shall not be determined or affected by the liquidation or winding up,
dissolution, or change of constitution or insolvency of the said
Supplier/Contractor/Sub-Contractor, but shall in all respects and for all purposes be
binding and operative until payment of all moneys paid to EPI in terms thereof.

9. The said Bank hereby waives all rights at any time inconsistent with the terms of this
guarantee and the obligations of the said Bank in terms hereof shall not be anywise
affected or suspended by reasons of any dispute or disputes having been raised by
the said Supplier/Contractor/Sub-Contractor (whether or not pending before any
arbitrator, tribunal or court) of any denial or liability by the said Supplier/ Contractor/
Sub-Contractor stopping or preventing or purporting to stop or prevent any payment
by the said Bank to EPI in terms hereof. The amount stated in any notice of demand
addressed by EPI to the Guarantor Bank as liable to be paid to EPI by the Supplier/
Contractor/ Sub-Contractor on account of any losses or damages or costs, charges
and /or expenses shall as between the said bank and EPI be conclusive evidence of
the amount so liable to be paid to EPI or suffered or incurred by EPI as the case may
be and payable by the said Bank to EPI in terms hereof. We, the said Bank further
undertake that we shall pay forthwith the amount stated in the notice of demand to
EPI without demur and protest.

10. We, the said bank undertake not to revoke this guarantee during its currency except
with the consent of EPI in writing and agree that any change in the constitution of the
aid Supplier/Contractor/Sub-Contractor or the said Bank shall not discharge our
liabilities hereunder.

11. It shall not be necessary for EPI to proceed against the said
Supplier/Contractor/Sub-Contractor before proceeding against the Bank and the
guarantee herein contained shall be enforceable against the Bank notwithstanding
any security which EPI may have obtained or obtain from the
Supplier/Contractor/Sub-Contractor shall at the time when proceedings are taken
against the said Bank hereunder be outstanding or unrealized.

12. Our liability under this guarantee shall be restricted to ____________________ and
this guarantee shall remain in force until midnight of __________________ unless a
claim to enforce this guarantee is filed with us within six months from
___________________. (which is date of expiry of this guarantee), we shall be
discharged from all liabilities under this guarantee thereafter.

DATED ---------------------------- THIS day of -----------------------200…

FOR AND ON BEHALF OF BANK

Signature of Contractor Page 103 EPI

General Conditions of Contract
Engineering Projects (India) Limited

Format No: EPI/MMD/F/15

PROFORMA FOR ADVANCE BANK GUARANTEE

To

The Chairman & Managing Director,

Engineering Projects (India) Ltd.,
(A Govt.of India Enterprise),
Core-3, Scope Complex,
7, Institutional Area,
Lodhi Road,
New Delhi—110 003.

Dear Sir,

1. In consideration of the Chairman & Managing Director, Engineering Projects (India)

Limited, (A Govt. of India Enterprise), Core-3, Scope Complex, 7, Institutional Area,
Lodhi Road, New Delhi – 110 003 (hereinafter called 'EPI' which expression shall
includes its successors and assigns) having agreed under the terms and
conditions of Supply Contract/ Contract/ Sub-Contract
No……………………………dated…(hereinafter referred to as the said Supply
Contract/ Contract/ Sub-Contract) made between EPI
and……………………….hereinafter called the Supplier/ Contractor/ Sub-Contractor)
which expression shall include its successors and assigns to make at the request
of the Supplier/ Contractor/ Sub-Contractor a lump sum advance of
Rs…………..for utilising it only for the purposes of the said Supply Contract/
Contract/ Sub-Contract on his furnishing a guarantee acceptable to EPI.
2. We, the... ............................ Bank (hereinafter referred to as 'the said Bank) a
Company under the Companies Act 1956 and having our registered office
at…………. ......................... do hereby guarantee the recovery of the said advance
and interest thereon as provided according to the terms and conditions of the said
Supply Contract/ Contract/ Sub-Contract. If the Supplier/ Contractor/ Sub-Contractor
fails to utilise the said advance for the purposes of the said Supply Contract/
Contract/ Sub-Contract and/or the said advance together with interest thereon as
aforesaid is not fully recovered by EPI, we. …………Bank hereby unconditionally
and irrevocably undertake to pay the EPI on demand and without demur or
protest to the extent of the said sum of Rs……………any claim made by EPI
on us against non-utilisation / misutilisation of the said advance and/or by reason of
EPI not being able to recover in full the sum of Rs……………….. with interest as
aforesaid.
3. We..................................Bank further agree that EPI shall be the sole judge of and as
to whether the said Supplier/ Contractor/ Sub-Contractor has utilised or not utilised the
said advance or any part thereof for the purposes of the said Supply Contract/
Contract/ Sub-Contract and/or as to whether the advance or any part thereof with

Signature of Contractor Page 104 EPI

 General Conditions of Contract
Engineering Projects (India) Limited

interest has been recovered or not and the finding of the EPI in this regard- shall be
final and binding on us.
4. We, the said Bank further agree that the Guarantee herein contained shall remain in
full force and effect during the period that would be taken for the performance of the
said Supply Contract/ Contract/ Sub-Contract and till the said advance with interest
has been fully recovered and its claims satisfied or discharged and till EPI certifies
that the said advance with interest has been fully recovered from the Supplier/
Contractor/ Sub-Contractor.
5. EPI shall have the fullest liberty without affecting in any way the liability to the said Bank
under this guarantee or indemnity from time to time to vary any of the terms and
conditions of the said Supply Contract/ Contract/ Sub-Contract, or the advance or to
extend time of performance by the said Supplier/ Contractor/ Sub-Contractor or to
postpone for any time and from time to time any powers exercisable by it against the
said Supplier/ Contractor/ Sub-Contractor and either to enforce or forbear from
enforcing any of the terms and conditions governing the said Supply Contract/
Contract/ Sub-Contract or securities available to EPI and the said Bank shall not be
released from its liability under these presents by any exercise by EPI of the liberty
with reference to the matters aforesaid or by reason of time being given
to the said Supplier/ Contractor/ Sub-Contractor or any other forbearance, act or
omission on the part of the EPI or any indulgence by EPI to the said Supplier/
Contractor/ Sub-Contractor or of any other matter or thing whatsoever which under
the law relating to sureties would but for this provision have the effect of so releasing
the said Bank from its such liability.
6. The Bank hereby waives all rights at any time inconsistent with the terms of this
guarantee/Undertaking and the obligations of the Bank in terms hereof shall not be
anywise affected or suspended by reasons of any dispute or disputes having been
raised by the Supplier/ Contractor/ Sub-Contractor (whether or not pending before
any arbitrator, Tribunal or court) or any denial or liability by the Supplier/ Contractor/
Sub-Contractor stopping or preventing or purporting to stop or prevent any payment by
the Bank to EPI in terms hereof.
7. The amount stated in any notice of demand addressed by EPI to Bank as liable to be
paid to EPI by the Supplier/ Contractor/ Sub-Contractor, shall be conclusive evidence
of the amount so liable to be paid to EPI by the Bank.
8. This guarantee/undertaking shall be in addition to any other guarantee or security
whatsoever that EPI may now or any time anywise may have in relation to the
Supplier’s/ Contractor’s/ Sub-Contractor's obligations of liabilities under and/or in
connection with the said Supply Contract/ Contract/ Sub-Contract, and EPI shall have
full authority to take recourse to or enforce this security in preference to any other
guarantee or security which EPI may have or obtain and there shall be no
forbearance on the part of EPI in enforcing or requiring enforcement of any other
security and shall not have the effect of releasing the Bank from its full liability
hereunder.

9. It shall not be necessary for EPI to proceed against the said Supplier/ Contractor/ Sub-
Contractor before proceeding against the Bank and the guarantee herein contained
shall be enforceable against the Bank notwithstanding any security which EPI may
have obtained or obtain from the Supplier/ Contractor/ Sub-Contractor, shall at the time

Signature of Contractor Page 105 EPI

General Conditions of Contract
Engineering Projects (India) Limited

when proceedings are taken against the said Bank hereunder be outstanding or
unrealised.
10. We, ..................................... the said Bank further undertake that we shall pay forthwith
the amount stated in the notice of demand without demur and protest notwithstanding
any dispute/difference pending between the parties before the arbitrator Tribunal or
Court and/or dispute is being referred to arbitrator.
11. We, the said Bank undertake not to revoke this Guarantee during its currency except
with the consent of EPI in writing and agree that any change in the Constitution of the
said Supplier/ Contractor/ Sub-Contractor or the said Bank shall not discharge our
liability hereunder.
12. This guarantee/undertaking shall be a continuing guarantee/undertaking and shall
remain valid and irrevocable for all claims of EPI and liabilities of the Supplier/
Contractor/ Sub-Contractor arising up to and until midnight of……….
13. Notwithstanding anything contained herein above, our liability under this guarantee
shall be restricted to Rs………………. (Rs………………………………….) and this
guarantee shall remain in full force till……………. unless a claim is made on us
within 3 months from the date of expiry of this guarantee i.e. before all the claims
under this guarantee shall be forfeited and we shall be relieved of and discharged
from our liabilities hereunder.

Dated .........................................................day of .........................................200

For and on behalf of Bank

Signature of Contractor Page 106 EPI

 General Conditions of Contract
Engineering Projects (India) Limited

Format No: EPI/MMD/F-16

PROFORMA FOR PERFORMANCE BANK GUARANTEE

To

The Chairman & Managing Director,

Engineering Projects (India) Ltd.,
(A Govt. of India Enterprise),
Core-3, Scope Complex,
7, Institutional Area,
Lodhi Road,
New Delhi—110 003.

Dear Sir,

In consideration of the Chairman & Managing Director, Engineering Projects (India)

Limited, (A Govt. of India Enterprise), Core-3, Scope Complex, 7, Institutional Area,
Lodhi Road, New Delhi – 110 003 (hereinafter called ‘EPI’ which expression shall
include its successors and assigns) having awarded to ……………… (hereinafter
referred to as 'the Supplier/ Contractor/ Sub-Contractor' which expression shall
wherever the subject or context so permits include its successors and assigns) a
Supply Contract/Contract / Sub-Contract No. ……………… in terms inter alia, of
EPI Letter No. ….……………dated…and the General Conditions of Contract/
General Purchase Conditions of EPI and upon the condition of the Supplier’s/
Contractor’s/ Sub-Contractor’s furnishing security for the performance of the
Supplier’s/ Contractor’s/ Sub-Contractor’s obligations and/or discharge of the
Supplier’s/ Contractor’s/ Sub-Contractor’s liability under and/or in connection with
the said Supply Contract/ Contract/ Sub-Contract up to a sum of
Rs…………(Rupees………………………. only) amount to………..percent of
the total Supply Contract/ Contract/ Sub-Contract Value.

1. We………………………………………………………………………………………….(h
ereinafter called ‘the Bank’ which expression shall include its successors and
assigns) hereby jointly and severally undertake the guarantee to payment to EPI in
rupees forthwith on demand in writing and without protest or demur or any and all
monies anywise payable by the Supplier/ Contractor/ Sub-Contractor to EPI under in
respect of or in connection with the said Supply Contract/ Contract/ Sub-Contract
inclusive of all EPI’s losses and damages and costs, charges and expenses and
other moneys anywise payable in respect to the above as specified in any notice
of demand made b y t h e E P I t o t h e B a n k w i t h r e f e r e n c e t o t h i s
g u a r a n t e e u p t o a n d a g g r e g a t e l i m i t o f Rs…………………….
(Rupees…………………………………………………..only).

Signature of Contractor Page 107 EPI

General Conditions of Contract
Engineering Projects (India) Limited

2. We……………….. Bank further agree that EPI shall be sole judge of and as
to whether the said Supplier/ Contractor/ Sub-Contractor has committed any
breach or breaches of any of the terms and conditions of the said Supply
Contract/ Contract/ Sub-Contract and the extent of loss, damage, cost,
charges and expenses caused to or suffered by or that may be caused to or
suffered by EPI on account thereof and the decision of EPI that the said
Supplier/ Contractor/ Sub-Contractor has committed such breach or breaches
and as to the amount or amounts of loss, damage, costs, charges and
expenses caused to or suffered by EPI from time to time shall be final and
binding on us.

3. EPI shall be at liberty without reference to the Bank and without effecting the
full liability of the Bank hereunder to take any other security in respect of the
Supplier’s/ Contractor’s/ Sub-Contractor's obligations and/or liabilities under
or in connection with the said Supply Contract/ Contract/ Sub-Contract and
to vary the forms vis-à-vis the Supplier/ Contractor/ Sub-Contractor of the
said Supply Contract/ Contract/ Sub-Contract or to grant time and/or
indulgence to the Supplier/ Contractor/ Sub-Contractor or to reduce or to
increase or otherwise vary the prices of the total Supply Contract/ Contract/
Sub-Contract Value or to release or to forbear from enforcement of all or any of
the security and/or any other security(ies) now or hereafter held by the EPI and
no such dealing(s) reduction(s) increase(s) or other indulgence(s) or
arrangements with the Supplier/ Contractor/ Sub-Contractor or release or
forbearance whatsoever shall absolve the bank of the full liability to EPI
hereunder or prejudice rights of EPI against the bank.

4. The guarantee/undertaking shall not be determined or affected by the

liquidation or winding up, dissolution, or change of constitution or insolvency
of the Supplier/ Contractor/ Sub-Contractor but shall in all respects and for all
purposes be binding and operative until payment of all moneys made to EPI in
terms thereof.

5. The Bank hereby waives all rights at any time inconsistent with the terms of
this guarantee/undertaking and the obligations of the Bank in terms hereof
shall not be anywise affected or suspended by reasons of any dispute or
disputes having been raised by the Supplier/ Contractor/ Sub-Contractor
(whether or not pending before any arbitrator, Tribunal or Court) of any
denial or liability by the Supplier/ Contractor/ Sub-Contractor stopping or
preventing or purporting to stop or prevent any payment by the Bank to the
EPI in terms hereof.

6. The amount stated in any notice of demand addressed by EPI to Bank as

liable to be paid to EPI by the Supplier/ Contractor/ Sub-Contractor or as
suffered or incurred by the EPI on account of any losses or damages or
costs, charges and/or expenses shall be conclusive evidence of the amount
so liable to be paid to EPI or suffered or incurred by EPI as the case may be
and shall be payable by the Bank to EPI in terms hereof.

Signature of Contractor Page 108 EPI

 General Conditions of Contract
Engineering Projects (India) Limited

7. This guarantee/undertaking shall be a continuing guarantee/undertaking and

shall remain valid and irrevocable for all claims of EPI and liabilities of the
Supplier/ Contractor/ Sub-Contractor arising up to and until midnight
of…………….

8. This guarantee/undertaking shall be in addition to any other guarantee or

security whatsoever that EPI may now or any time anywise may have in
relation to the Supplier’s/ Contractor’s/ Sub-Contractor's obligations of
liabilities under and/or in connection with the said Supply Contract/ Contract/
Sub-Contract, and EPI shall have full authority to take recourse to or enforce
this security in preference to any other guarantee of security which EPI may
have or obtain and here shall be no forbearance on the part of EPI in enforc-
ing or requiring enforcement of any other security and shall not have the
effect of releasing the Bank from its full liability hereunder.

9. It shall not be necessary for EPI to proceed against the said Supplier/
Contractor/ Sub-Contractor before proceeding against the Bank and the
guarantee herein contained shall be enforceable against the Bank
notwithstanding any security which the EPI may have obtained or obtain from
the Supplier/ Contractor/ Sub-Contractor, shall at the time when proceedings
are taken against the said Bank hereunder be outstanding or unrealised.

10. We the said Bank undertake not to revoke this guarantee during its currency except
with the consent of EPI in writing and agree that any change in the constitution of
the said Supplier/ Contractor/ Sub-Contractor or the sand bank shall not
discharge our liability hereunder.

11. We …………the said Bank further undertake that we shall pay forthwith the
amount stated in the notice of demand without demur and protest
notwithstanding any dispute/difference pending between the parties before the
arbitrator Tribunal or Court and/or any dispute is being referred to arbitrator.

12. Notwithstanding anything contained herein above, our liability under this
guarantee shall be restricted to Rs………………….
(Rupees……………………………….) and this guarantee shall remain in
force till.…………... unless a claim is made on us within 3 months from
that date, that is before all the claims under this guarantee shall be forfeited
and we shall be relieved of and discharged from our liabilities thereunder.

Dated .................................................. day of. ................................................ 200

For and on behalf of Bank

Signature of Contractor Page 109 EPI

General Conditions of Contract
Engineering Projects (India) Limited

PROFORMA FOR INDEMNITY BOND TO BE EXECUTED BY

THE CONTRACTOR FOR SECURED ADVANCE
AGAINST MATERIALS SUPPLIED FOR THE PROJECT

(On non-judicial stamp paper of appropriate value)

INDEMNITY BOND

THIS INDEMNITY BOND is made this ………………………………………….. day

of…………………. 20……….. by………………………… (Contractor’s Name) a Company
registered under the Companies Act, 1956/Partnership firm/Proprietary concern having
its Registered Office at …………….. (hereinafter called as ‘Contractor’ which expression
shall include its successors and permitted assigns) in favour of Engineering Projects
(India) Limited, a Company incorporated under the Companies Act, 1956 having its
Registered Office at Core-3, Scope Complex, 7, Institutional Area, Lodhi Road, New
Delhi - 110 003 (hereinafter called “EPI” which expression shall include its successors
and assigns) :

WHEREAS EPI has awarded to the Contractor a Contract for the work of……………….
vide its letter of Intent/Work Order No…………. dated………………. (hereinafter called
the “Contract”) in terms of which EPI is required to give “Secured Advance” to the
Contractor as per Clause no. 35 of the General Conditions of Contract against supply of
materials by the Contractor for the project on the security of materials, the quantities,
rates and other particulars of which are detailed in the Bill of Quantities for the said
Contract.

And WHEREAS by virtue of Clause no. 35 of the General Conditions of Contract of the
said Contract, the Contractor is required to execute an Indemnity Bond in favour of EPI
for the amount of “Secured Advance” towards the materials actually supplied by the
Contractor for the Contract Work from time to time to EPI for the purpose of performance
of the Contract. (hereinafter called the “Materials”).

“AND WHEREAS the Contractor has applied to EPI that they may be allowed “Secured
Advance” on the security of materials absolutely belonging to them and brought by them
to the site of the works for use in construction of the work”.

NOW THEREFORE, This Indemnity Bond witnesseth as follows:

1. That in consideration of the “Secured Advance” being given to the Contractor as

mentioned in the Contract, for the purpose of performance of the Contract, the
Contractor hereby undertakes to indemnify and shall keep EPI indemnified, for
the Actual Cumulative Amount of the “Secured Advance” given to the Contractor
from time to time against the said Contract. The Contractor hereby acknowledges
actual receipt of the materials etc. as per despatch title documents being /to be
handed over to EPI from time to time. The Contractor shall hold such materials
in trust as a “Trustee” for and on behalf of EPI.

Signature of Contractor Page 110 EPI

 General Conditions of Contract
Engineering Projects (India) Limited

2. That the Contractor is obliged and shall remain absolutely responsible for the
safe transit/protection and custody of the materials at EPI’s project site against all
risks whatsoever till the materials are duly used/erected in accordance with the
terms of the Contract and the plant/package duly erected and commissioned in
accordance with the terms of the Contract is taken over by EPI and the Secured
Advance is fully adjusted/recovered as per terms of the Contract. The
Contractor undertakes to keep EPI harmless against all losses, damages,
deterioration and shortages that may be caused to the materials.

3. The Contractor undertakes that the materials shall be used exclusively for the
performance/execution of the Contract strictly in accordance with its terms and
conditions and no part of the materials shall be utilized for any other work or
purpose whatsoever. It is clearly understood by the Contractor that non-
observance of the obligations under this Indemnity Bond by the Contractor shall
inter-alia constitute a criminal breach of trust on the part of the Contractor for all
intents and purposes including legal/penal consequences.

4. That EPI is and shall remain the exclusive owner of the materials free from all
encumbrances, charges or liens of any kind, whatsoever. The materials shall at
all times be open to inspection and checking by the Engineer – In - Charge or
other employees/agents authorized by him in this regard. Further, EPI shall
always be free at all times to take possession of the materials in whatever form
the materials may be, if in its opinion, the materials are likely to be endangered,
misutilised or converted to uses other than those specified in the Contract, by
any acts of omission or commission on the part of the Contractor or any other
person or on account of any reason whatsoever and the Contractor binds himself
and undertakes to comply with the directions of demand of EPI to handover the
materials without any demur or reservation.
5. That this Indemnity Bond is irrevocable. If at any time any loss or damage occurs
to the materials or the same or any part thereof is mis-utilised in any manner
whatsoever, then the Contractor hereby agrees that the decision of the Engineer-
In-Charge of EPI as to assessment of loss or damage to the materials shall be
final and binding on the Contractor. The Contractor binds itself and undertakes to
replace the lost and /or damaged materials at its own cost and/or shall pay the
amount of ‘Secured Advance’ to EPI without any demur, reservation or protest.
This is without prejudice to any other right or remedy that may be available to EPI
against the Contractor to recover any amount or all the amounts of this Bond
from any dues of the Contractor under the Contract or as per the law.

6. This Bond shall remain in force and effect till the completion of the work as per
the aforesaid Contract and till all the amount recoverable under this Bond from
the Contractor is fully recovered by EPI. The Bond can not be revoked by the
Contractor without the written consent of EPI.

7. That Contractor also agrees that any change in the constitution of the Contractor
shall not discharge them from their obligation and liability.

8. This Bond shall be treated as an additional addage to the Contract and nothing
herein contained shall be construed to adversely affect the rights of EPI in the
Contract.

Signature of Contractor Page 111 EPI

General Conditions of Contract
Engineering Projects (India) Limited

IN WITNESS WHEREOF, the Contractor has signed this Indemnity Bond through its
duly authorized representative on the date and place first above written.

For and on behalf of Contractor

--------------------------
(Contractor’s Name)

WITNESS:
Signature …………………………
1. 1. Signature ………………………
Name (Executant) …………….
2. Name ………………………
Designation ……………………
3. Address ……………………… ( Authorised representative )

2. 1. Signature ……………………….

2. Name ……………………….

3. Address ……………………….. Seal

Signature of Contractor Page 112 EPI

 General Conditions of Contract
Engineering Projects (India) Limited

FORM FOR GUARANTEE BOND

FOR ANTI-TERMITE TREATMENT

THIS AGREEMENT made this____ day of Two thousand _____ between M/s________
(hereinafter called the guarantor of the one part and M/s Engineering Projects (India)
Limited, hereinafter called EPI hereinafter called the OWNER of the other part.

Whereas this agreement is supplementary to the contract hereinafter called the contract
dated________ made between the guarantor of the one part and Engineering Projects
(India) Ltd., of the other part whereby the Contractor inter-alia, understood to render the
buildings and structures in the said contract recited, completed, termite proof. And
whereas the guarantor agreed to give a guarantee to the effect that the said structure
will remain termite proof for TEN YEARS to be so reckoned from the date after the
maintenance period prescribed in the contract expires.

During this period of guarantee the guarantor shall make good all defects and for that
matter shall replace at his risk and cost such wooden member as may be damaged by
termite and in case of any other defect being found, he shall render the building termite
proof at his cost to the satisfaction of the Engineer-In-Charge and shall commence the
works of such rectification within seven days from date of issuing notice from the
Engineer-In-Charge calling upon him to rectify the defects falling which the work shall be
got done by EPI/ OWNER by some other Contractor at the guarantor’s cost and risk and
in the later case the decision of the Engineer-In-Charge as to the cost recoverable from
the guarantor shall be final and binding.

That if the Guarantor fails to execute the Anti-Termite treatment or commits breaches
hereunder then the Guarantor will indemnify EPI against all losses damages, cost
expenses or otherwise which may be incurred by him by reasons of any default on the
part of the guarantor in performance and observance of this supplemental Agreement.
As to the amount of loss and or damage and/or cost incurred by EPI/ OWNER, the
decision of the Engineer-In-Charge will be final and binding on the parties.

In witness where of these presents have been executed by the Guarantor_________

and by_____________ for and on behalf of EPI on the day of month and year first
above written.

Signed sealed and delivered by (Guarantor)

IN THE PRESENCE OF:

1.

2.

Signed for and on behalf of EPI by/ in presence of:

1.

2.

Signature of Contractor Page 113 EPI

General Conditions of Contract
Engineering Projects (India) Limited

GUARANTEE TO BE EXECUTED BY CONTRACTOR FOR

REMOVAL OF DEFECTS AFTER COMPLETION IN RESPECT
OF WATER PROOFING WORKS
The agreement made this …………….. day of …………….. Two thousand ………..……..
between …………………………… (hereinafter called Guarantor of the one part) and EPI
(hereinafter called the Execution Agency of the other part).

WHEREAS this agreement is supplementary to a contract (hereinafter called the

Contract), dated ………… and made between the GUARANTOR OF THE ONE part and
EPI of the other part, whereby the Contractor, inter-alia, undertook to render the
buildings and structures in the said contract recited completely water and leak proof.

AND WHEREAS the Guarantor agreed to give a guarantee to the effect that the said
structures will remain water and leak proof for ten years from the date of handing over of
the structure of water proofing treatment.

NOW THE GUARANTOR hereby guarantees that water proofing treatment given by him
will render the structures completely leak proof and the minimum life of such water
proofing treatment shall be ten years to be reckoned from the date after the maintenance
period prescribed in the contract.

Provided that the Guarantor will not be responsible for leakage caused by earthquake or
structural defects or misuse of roof or alteration and for such purpose.

a) Misuse of roof shall mean any operation, which will damage proofing treatment,
like chopping of firewood and things of the same nature, which might cause
damage to the roof.

b) Alternation shall mean construction of an additional storey or a part of the roof or

construction adjoining to existing roof whereby proofing treatment is removed in
parts

c) The decision of the Engineer-In-Charge with regard to cause of leakage shall be

final

During this period of guarantee, the Guarantor shall make good all defects and in case
of any defect being found render the building water proof to the satisfaction of the
Engineer-In-Charge at his cost and shall commence the work for such rectification within
seven days from the date of issue of notice from the Engineer-In-Charge calling upon
him to rectify the defects failing which the work shall be got done by EPI by some other
Contractor at the guarantor’s cost and risk. The decision of Engineer-In-Charge as to
the cost, payable by the Guarantor shall be final and binding.

That if the Guarantor fails to execute the waterproofing or commits breach thereunder,
then the Guarantor will indemnify the principal and his successors against all laws

Signature of Contractor Page 114 EPI

 General Conditions of Contract
Engineering Projects (India) Limited

damage, cost, expense or otherwise which may be incurred by him by reason of any
default on the part of the GUARANTOR in performance and observance of this
supplementary agreement. As to the amount of loss and / or damage and/ or cost
incurred by EPI, the decision of the Engineer-In-Charge will final and binding on the
parties.

IN WITNESS WHEREOF these presents have been executed by the Obligator,,,,…..

and by …………. And for and on behalf of EPI on the day, month and year first above
written.

Signed, sealed and delivered by Obligator in the presence of-

1.

2.

Signed for and on behalf of EPI by _____________

In presence of :

1.

2.

Signature of Contractor Page 115 EPI

General Conditions of Contract
Engineering Projects (India) Limited

AGREEMENT FORM

This agreement made this day of (Month) (Year), between THE ENGINEERING
PROJECTS (INDIA) LIMITED (EPI), (A Govt. of India enterprise) a company
incorporated under the Companies Act, 1956 having its Registered and Corporate Office
at Core-3, Scope Complex, 7, Institutional area, Lodhi Road, New Delhi – 110003
(hereinafter referred to as the “EPI” which expression shall include its administrators,
successors, executors and assigns) of the one part and M/s (NAME OF
CONTRACTOR) (hereinafter referred to as the ‘Contractor’ which expression shall
unless the context requires otherwise include its administrators, successors, executors
and permitted assigns) of the other part.

WHEREAS, EPI, is desirous of construction of (NAME OF WORK) (hereinafter referred

to as the “PROJECT”) on behalf of the (NAME OF OWNER/MINISTRY) (hereinafter
referred to as “OWNER”), and had invited Tenders as per Tender Documents vide NIT
No. _____.

AND WHEREAS (NAME OF CONTRACTOR) had participated in the above referred

Tender vide their tender dated _____ and EPI has accepted their aforesaid Tender and
award the contract for (NAME OF PROJECT) on the terms and conditions contained in
its Letter of Intent No. ________ and the documents referred to therein, which have
been unequivocally and unconditionally accepted by (NAME OF CONTRACTOR) vide
their Letter of Undertaking dated _______ resulting into a contract.

NOW THEREFORE THIS DEED WITNESSETH AS UNDER:

ARTICLE 1.0 – AWARD OF CONTRACT

1.1 SCOPE OF WORK

EPI has awarded the contract to (NAME OF CONTRACTOR) for the work of
(NAME OF WORK) on the terms and conditions in its Letter of intent No.
__________ dated ________ and the documents referred to therein. The award
of work has taken effect from (DATE) i.e. the date of issue of aforesaid letter of
intent. The terms and expressions used in this agreement shall have the same
meanings as are assigned to them in the “Contract Documents” referred to in the
succeeding Article.

ARTICLE 2.0 – CONTRACT DOCUMENTS

2.1 The contract shall be performed strictly as per the terms and conditions
stipulated herein and in the following documents attached herewith (hereinafter
referred to as “Contract Documents”).
a) EPI Notice Inviting Tender vide No. ________ date ______and EPI’s
Tender Documents consisting of:

i) Instructions to Tenderers and General Conditions of Contract

(GCC) alongwith amendments/errata to GCC (if any) issued
(Volume-I).

Signature of Contractor Page 116 EPI

 General Conditions of Contract
Engineering Projects (India) Limited

ii) Additional Conditions of Contract including Appendices &

Annexures, Volume-II.
iii) Bill of Quantities alongwith amendments/corrigendum of schedule
items, if any (Volume-III).
iv) Technical Specifications
v) Drawings
vi) ______________________________________________

b) (NAME OF CONTRACTOR) letter/proposal no._________________

dated ________ and their subsequent communication:

i) Letter of Undertaking of Tender Conditions dated ______________

ii) _____________________________________________________
iii) _____________________________________________________

2.2 EPI’s detailed Letter of Intent No. _________ dated ____ including Bill of
Quantities. Agreed time schedule, Contractor’s Organisation Chart and list of
Plant and Equipments submitted by Contractor.

2.3 All the aforesaid contract documents referred to in Para 2.1 and 2.2 above shall
form an integral part of this Agreement, in so far as the same or any part thereof
conform, to the Tender Documents and what has been specifically agreed to by
EPI in its Letter of Intent. Any matter inconsistent therewith, contrary or
repugnant thereto or deviations taken by the Contractor in its “TENDER” but not
agreed to specifically by EPI in its Letter of Intent, shall be deemed to have been
withdrawn by the Contractor without any cost implication to EPI. For the sake of
brevity, this Agreement alongwith its aforesaid contract documents and Letter of
Intent shall be referred to as the “Contract”.

ARTICLE 3.0 – CONDITIONS & CONVENANTS

3.1 The scope of Contract, Consideration, Terms of Payments, Advance, Retention

Moneys, Taxes wherever applicable, Insurance, Agreed Time Schedule,
Compensation for delay and all other terms and conditions contained in EPI’s
Letter of Intent No. __________ dated _____ are to be read in conjunction with
other aforesaid Contract Documents. The contract shall be duly performed by the
Contractor strictly and faithfully in accordance with the terms of this contract.

3.2 The scope of work shall also include all such items which are not specifically
mentioned in the Contract Documents but which are reasonably implied for the
satisfactory completion of the entire scope of work envisaged under this contract
unless otherwise specifically excluded from the scope of work in the Letter of
Intent.

3.3 Contractor shall adhere to all requirements stipulated in the Contract documents.

3.4 Time is the essence of the Contract and it shall be strictly adhered to. The
progress of work shall conform to agreed works schedule/contract documents
and Letter of Intent.
3.5 This agreement constitutes full and complete understanding between the parties
and terms of the presents. It shall supersede all prior correspondence to the
extent of inconsistency or repugnancy to the terms and conditions contained in

Signature of Contractor Page 117 EPI

General Conditions of Contract
Engineering Projects (India) Limited

Agreement. Any modification of the Agreement shall be effected only by a written

instrument signed by the authorized representative of both the parties.

3.6 The total contract price for the entire scope of this contract as detailed in Letter of
Intent is Rs. _________________ (Rupees _____________________________
only), which shall be governed by the stipulations of the contract documents.

ARTICLE 4.0 – NO WAIVER OF RIGHTS

4.1 Neither the inspection by EPI or the Engineer-In-Charge or Owner or any of their
officials, employees or agents nor order by EPI or the Engineer-In-Charge for
payment of money or any payment for or acceptance of, the whole or any part of
the work by EPI or the Engineer-In-Charge nor any extension of time nor any
possession taken by the Engineer-In-Charge shall operate as waiver of any
provisions of the contract, or of any power herein reserved to EPI, or any right to
damage herein provided, nor shall any waiver of any breach in the contract be
held to be a waiver of any other or subsequent breach.

ARTICLE 5.0 – GOVERNING LAWS AND JURISDICTION

5.1 The Laws applicable to this contract shall be the laws in force in India and as
amended from time to time.

Jurisdiction shall be of the Court (s) stated in the ‘Memorandum’ to the ‘Form of
Tender” only.

5.2 Notice of Default

Notice of default given by either party to the other party under the Agreement
shall be in writing and shall be deemed to have been duly and properly served
upon the parties hereto, if delivered against acknowledgment due or by FAX or
by registered mail duly addressed to the signatories at the address mentioned
herein above.

IN WITNESS WHEREOF, the parties through their duly authorized representatives have
executed these presents (execution whereof has been approved by the Competent
Authorities of both the parties) on the day, month and year first above mentioned at New
Delhi.

For and on behalf of: For and on behalf of:

(NAME OF CONTRACTOR) M/s. Engineering Projects (I) Ltd.

WITNESS: WITNESS:

1. 1.

2. 2.

Signature of Contractor Page 118 EPI

Bidder Registration Module
To enroll as a bidder click on the Online Bidder Enrollment link.
The system leads to the page where the details of the bidders are to be filled in. There are preferential categories for the preferential
bidders who can avail the privileges that are provided. The Preferential categories are Make in India, MSME and STARTUP. The bidders
first has to click on the check box of Preferential Bidder to select the Preferential Category.
The details of the bidder are entered in the Online Enrollment of Corporate/Bidder page. The Correspondence Email id and the Mobile
Number should be a valid email id and a valid mobile number because further contacts will be only through this mobile number and
correspondence email id.

Page
1
Once after filling the details, the bidder enters the Captcha and clicks on the Submit Button to submit the provided details.

Page
2
The Bidder enrollment Acknowledgement is displayed on the screen. The bidder Clicks on the Send Verification Code button to receive
the verification code in the provided mobile number and the correspondence email id.
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and clicks on the Submit button to submit the entered details.
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to save the provided details. If the Bidder does not want to change the Mobile Number, E-Mail Address he/she can just click on the Skip
button to proceed further.
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Mail Id. The bidder enters the OTP and clicks on the Verify button to verify the entered OTP.
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details.
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to provide the registration details or click on the Not Registered radio button and click on the Next button to proceed further.
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editing the profile, the bidder can change the Email id & Mobile number and change the profile image.

2.By Clicking the Authentication icon, the bidder can change the password and activate & inactivate the active DSC.

3.On Clicking the Communication Ion, the bidder can select the product category for which the SMS and mail can be triggered if tenders
are published under the selected product category and also the SMS and mail Notification can be selected by the bidder.

3.On selecting the Privileges icon, a provision for registering MSME and Startup India are provided.

4. On Clicking the DashBoard, the bidder can view the User Dash board.
Bid Submission Module
Enter Login Id & Password
, Click on Login Button
Click on Login Button
Authenticating the DSC pin
Enter DSC Pin and click on
Login Button
 Dashboard

Click on Search Active

Tenders
 Search Active Tenders from
the above given option and click
on Submit
Select the check Box

Click on Open Tender as

favorite
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successfully
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submission
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Submission Button
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Click on Next Button
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and Click on Next Button
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for offline payment and
Click on Save Button
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on Next Button
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for EMD exemption and
then click on Next
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then EMD amount to be paid after
exemption is Rs. 0.00
Showing EMD amount is
Rs. 0.00
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select the icon to upload EMD
exemption document.
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document and then click on
Open Button
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digitally sign the document
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click Login button
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entering interested items
 1. Select Yes/No against
each item to show interest

2. Click on Save
Click on Next Button.
Click on Encrypt&Upload
Button.
First Click here to upload
all related technical
documents.
 Browse all the
corresponding technical
documents and Upload
 After uploading documents,
Green marks shows
click on Sign & Upload
documents uploaded
successfully.
Enter the DSC pin and
click Login button
click on OK button
 Now Click here to upload
all related financial
documents.

Green mark shows related

technical documents
successfully.
 Browse all the
corresponding financial
documents and Upload
Green marks shows
documents uploaded After uploading documents,
successfully. click on Sign & Upload
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click Login button
click on OK button
Green mark shows related
technical and financial
documents successfully.

Click on Next
Click on Freeze Bid for bid
submission
Bid submitted successfully and
bidder print the bid details for
future reference
Signature Not Verified
Digitally signed by RAMANI RANJAN DAS
Date: 2024.07.08 16:19:22 IST
Location: eProcurement System for Central PSUs