Construction of 160 Girls Hostel Building For Shri Vasantrao Naik PDF

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GOVERNMENT OF MAHARASHTRA
PUBLIC WORKS DEPARTMENT
PUBLIC WORKS REGION, AMRAVATI
PUBLIC WORKS CIRCLE, YAVATMAL
PUBLIC WORKS DIVISION, YAVATMAL
STANDARD BIDDING DOCUMENT
PROCUREMENT OF
CIVIL WORKS
ITEM RATE TENDER
PART-I : COMPLETE BIDDING DOCUMENT
NAME OF WORK Construction of 160 Girls Hostel Building for Shri Vasantrao Naik
: Government Medical Collage Yavatmal. Tq. and Distt. Yavatmal.
BID VALUE :- Rs. 13,60,41,422/-
Bid Security (E.M.D.)VALUE :- Rs. 6,81,000/-
E-Tender Notice No. 19 for 2017-18 Work No.3
Tender I D No. 2017 ...............
Contractor No of Corrections Executive Engineer

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PUBLIC WORKS DEPARTMENT PROJECT
AGREEMENT NO---------------
Name of work : Construction of 160 Girls Hostel Building for Shri

Vasantrao Naik Government Medical Collage
Yavatmal. Tq. and Distt. Yavatmal.
Period of download of bidding : Dt.12.12.2017 Time 10.00 to Dt. 13.1.2018 Tme 23.30
document online Hrs
Time and date of pre-bid : Dt. 03.1.2018 @ 16.00 Hours
conference Office of the Chief Engnieer P.W. Region,Amravati
Last date and time for receipt of : Dt. 16.1.2018 Time 23.30 Hours
online bids (bid due date)
Date & time of submission of bid

security and cost of tender fee
document in original
Time, date of opening technical : Dt. 17.1.2018 Time 11.00 to 17.30 Hours
bids
Time, date of opening financial : Dt. 17.1.2018 Time 11.00 to 17.30 Hours
bids
Place of opening of technical Superintending Engineer Public Worsk Circle
bids Yavatmal
Officer inviting bids

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INVITATIONS FOR BIDS (IFB)

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Construction of 160 Girls Hostel Building for Shri Vasantrao
Naik Government Medical Collage Yavatmal. Tq. and Distt.
Yavatmal.........................................................................
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PUBLIC WORKS DEPARTMENT
PUBLIC WORKS REGION AMRAVATI
PUBLIC WORKS CIRCLE, YAVATMAL
PUBLIC WORKS DIVISON, YAVATMAL
INVITATIONS FOR BIDS (IFB)
NATIONAL COMPETITIVE BIDDING
Date : /2017
Tender/ /2017-18 Tender Notice No: 19 /2017-18
The Executive Engineer, PUBLIC WORKS DIVISON, YAVATMAL invites online bids for the
construction of work detailed in the table.
TABLE
Sr. Name of Work Approximate Bid Security Cost of Period of
No. value of work ( Rs.) docume Completion
( Rs. ) nts
( Rs.)
1 3 4 5 6 7
01 Construction of 160 Girls 136041422/- 6,81,000/- Rs.5000 24 (Twenty
Hostel Building for Shri + GST four)
Vasantrao Naik 12 % Calendar
Government Medical Rs.600= months
Collage Yavatmal. Tq. and
5600/- including
Distt. Yavatmal.
monsoon.
1. The Tender can be downloaded as per e-tendering schedule up to am/pm of – dated

on payment of a non – refundable fee of Rs.5000+ GST 12 % Rs.600= 5600/- (Rupees Five
Thousands Six hundred only) online via NEFT/RTGS payment gateway mode only at the time of
download of the Tender.
2. The Proposals must be submitted online at the e – tender portal of the Public Works Department,
Government of Maharashtra i.e. www.mahatenders.gov.in on or before as per e-tendering schedule
3. Before submitting the proposal, the bidders shall mandatorily register and enlist themselves (the
firm and all key personnel), on www.mahatenders.gov.in. Further, the bidders shall follow the
operating procedure as may be prescribed on the said website.
Sr.No Approximate value of work Bid Security

1 Upto Rs.20 Crore 2% (Subject to a maximum of Rs.30
Lakh)
2 Rs.20 Crore to Rs.50 Crore 1.50% (Subject to a maximum of
Rs.50 Lakh)
3 Above Rs.50 Crore 1%
Note:- Bid security will be fixed sum rounded off to the nearest ten thousand rupees.

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SECTION 1 – INSTRUCTIONS TO BIDDERS (ITB)
Table of Clauses
Page No. Page No.

A. General D. Submission of Bids
1. Scope of Bid 19. Sealing and Marking of Bids
2. Sources of Funds 20. Deadline for Submission of Bids
3. Eligible Bidders 21. Late Bids
4. Qualification of the Bidder 22. Modification and Withdrawal of
5. One Bid per Bidder Bids
6. Cost of Bidding
7. Site Visit E. Bid Opening and Evaluation
23. Bid Opening
B. Bidding Documents 24. Process to be Confidential
8. Content of Bidding 25. Clarification of Financial Bids
Documents 26. Examination of Bids and
9. Clarification of Bidding Determination of Responsiveness
Documents 27. Correction of Errors
10. Amendment of Bidding 28. Deleted
Documents 29. Evaluation and Comparison of
Financial Bids
C. Preparation of Bids 30. Deleted

11. Language of Bid F. Award of Contract
12. Documents Comprising the 31. Award Criteria
Bid
13. Bid Prices 32. Employer’s Right to Accept any
14. Currencies of Bid and Bid and to Reject any or all Bids
Payment
15 Bid Validity 33. Notification of Award and Signing
16 Bid Security of Agreement
17. Alternative Proposals by 34. Performance Security / Additional
Bidders Performance Security
35. Advance Payment and Security
18. Format and Signing of Bid 36. Dispute Review Expert
37. Corrupt or Fraudulent Practices

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Guidelines to Bidders on the operations of Electronic Tendering System of Public Works

Department.
https://pwd.maharashtra.etenders.in
Pre-requisites to participate in the Tenders processed by PWD :
1. Enrolment and Empanelment of Contractors on Electronic Tendering System:
The Contractors interested in participating in the Tenders of Public Works Department –processed
using the Electronic Tendering System shall be required to enroll on the Electronic Tendering
System to obtain User ID.
After submission of application for enrolment on the System, the application information shall be
verified by the Authorized Representative of the Service Provider. If the information is found to be
complete, the enrolment submitted by the Vendor shall be approved.
For participating in Limited and Restricted tenders the registered vendors have to apply for
empanelment on the sub-portal of PWD in an appropriate class of registration. The empanelment
will have to be approved by the respective officer from the PWD. Only empanelled vendors will be
allowed to participate in such tenders.
The Contractors may obtain the necessary information on the process of enrolment and
empanelment either from Helpdesk Support Team or may visit the information published under
the link Enroll under the section E-Tendering Toolkit for Bidders on the Home Page of the
Electronic Tendering System.
Obtaining a Digital Certificate :
The Bid Data that is prepared online is required to be encrypted and the hash value of the Bid Data
is required to be signed electronically using a Digital Certificate (Class – II or Class – III). This is
required to maintain the security of the Bid Data and also to establish the identity of the Contractor
transacting on the System.
The Digital Certificates are issued by an approved Certifying Authority authorized by the
Controller of Certifying Authorities of Government of India through their Authorized
Representatives upon receipt of documents required to obtain a Digital Certificate.
Bid data / information for a particular Tender may be submitted only using the Digital Certificate
which is used to encrypt the data / information and sign the hash value during the Bid Preparation
and Hash Submission stage. In case during the process of preparing and submitting a Bid for a
particular Tender, the Contractor loses his/her Digital Signature Certificate (i.e. due to virus attack,
hardware problem, and operating system problem), he / she may not be able to submit the bid
online. Hence, the Users are advised to store his / her Digital Certificate securely and if possible,
keep a backup at safe place under adequate security to be used in case of need.
In case of online tendering, if the Digital Certificate issued to an Authorised User of a Partnership
Firm is used for signing and submitting a bid, it will be considered equivalent to a no objection
certificate / power of attorney to that user to submit the bid on behalf of the Partnership Firm. The
Partnership Firm has to authorize a specific individual via an authorization certificate signed by a
partner of the firm (and in case the applicant is a partner, another partner in the same form is
required to authorise) to use the digital certificate as per Indian Information Technology Act, 2000.

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Unless the Digital Certificate is revoked, it will be assumed to represent adequate authority of the
Authority User to bid on behalf of the Firm for the Tenders processed on the Electronic Tender
Management System of Government of Maharashtra as per Indian Information Technology Act,
2000. The Digital Signature of this Authorized User will be binding on the Firm. It shall be the
responsibility of Partners of the Firm to inform the Certifying Authority or Sub Certifying
Authority, if the Authorized User changes, and apply for a fresh Digital Signature Certificate. The
procedure for application of a Digital Signature Certificate will remain the same for the new
Authorised User.
The same procedure holds true for the Authorized Users in a Private / Public Limited Company.
In this case, the Authorisation Certificate will have to be signed by the Director of the Company or
the Reporting Authority of the Applicant.
For information on the process of application for obtaining Digital Certificate, the Contractors may
visit the section Digital Certificate on the Home Page of the Electronic Tendering System.
3. Recommended Hardware and Internet Connectivity:
To operate on the Electronic Tendering System, the Contractors are recommended to use Computer
System with at least 1 GB of RAM and broadband connectivity with minimum 512 kbps
bandwidth.
4. Set up of Computer System for executing the operations on the Electronic

Tendering System:
To operate on the Electronic Tendering System of Government of Maharashtra, the Computer

System of the Contractors is required be set up. The Contractors are required to install Utilities
available under the section Mandatory Installation Components on the Home Page of the System.
The Utilities are available for download freely from the above mentioned section. The Contractors
are requested to refer to the E-Tendering Toolkit for Bidders available online on the Home Page to
understand the process of setting up the System, or alternatively, contact the Helpdesk Support
Team on information / guidance on the process of setting up the System.
Payment for Service Provider Fees :
In addition to the Tender Document Fees payable to PWD, the Contractors will have to pay Service
Providers Fees of Rs. 1,092/- through online payments gateway service available on Electronic
Tendering System. For the list of options for making online payments, the Contractors are advised
to visit the link E-Payment Options under the section E-Tendering Toolkit for Bidders on the Home
Page of the Electronic Tendering System.
B. Steps to be followed by Contractors to participate in the e-Tenders processed by PWD
1. Preparation of online Briefcase:
All Contractors enrolled on the Electronic Tendering System of Government of Maharashtra are
provided with dedicated briefcase facility to store documents / files in digital format. The
Contractors can use the online briefcase to store their scanned copies of frequently used documents
/ files to be submitted as a part of their bid response. The Contractors are advised to store the
relevant documents in the briefcase before starting the Bid Preparation and Hash Submission stage.
In case, the Contractors have multiple documents under the same type (e.g. multiple Work
Completion Certificates) as mentioned above, the Contractors advised to either create a single .pdf

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file of all the documents of same type or compress the documents in a single compressed file in .zip
or .rar formats and upload the same.
It is mandatory to upload the documents using the briefcase facility. Therefore, the Contractors are
advised to keep the documents ready in the briefcase to ensure timely bid preparation.
Note: Uploading of documents in the briefcase does not mean that the documents are available to
PWD at the time of Tender Opening stage unless the documents are specifically attached to the bid
during the online Bid Preparation and Hash Submission stage as well as during Decryption and Re-
encryption stage.
2. Online viewing of Detailed Notice Inviting Tenders:
The Contractors can view the Detailed Tender Notice along with the Time Schedule (Key Dates)
for all the Live Tenders released by PWD on the home page of PWD e-Tendering Portal on
http://pwd.maharashtra.etenders.in under the section Recent Online Tender.
3. Download of Tender Documents:
The Pre-qualification / Main Bidding Documents are available for free downloading. However to
participate in the online tender, the bidder must purchase the bidding documents via online mode
by filling the cost of Tender Form Fee.
4. Online Bid Preparation and Submission of Bid Hash (Seal) of Bids:
Bid preparation will start with the stage of EMD Payment which bidder has to pay onling using
any one online pay mode as RTGS , NEFT or payment getway .
For EMD payment, If bidder use NEFT or RTGS then system will generate a challan (in two copies).
with unique challan No specific to the tender. Bidder will use this challan in his bank to make
NEFT/RTGS Payment via net banking facility provided by bidder’s bank.
Bidder will have to validate the EMD payment as a last stage of bid prepration. If the payment is
not realised with bank, in that case system will not be able to validate the payment and will not
allow the bidder to complete his Bid Preperation stage resulting in nonparticipation in the aforesaid
eTender.
Note:
* Realisation of NEFT/RTGS payment normally takes 2 to 24 hours, so it is advised to make sure

that NEFT/RTGS payment activity should be completed well before time.
* NEFT/RTGS option will be depend on the amount of EMD.
* Help File regarding use of ePayment Gateway can be downloaded from eTendering portal.
Submission of Bids will be preceded by online bid preparation and submission of the digitally
signed Bid Hashes (Seals) within the Tender Time Schedule (Key Dates) published in the Detailed
Notice Inviting Tender. The Bid Data is to be prepared in the templates provided by the Tendering
Authority of PWD. The templates may be either form based, extensible tables and / or uploadable
documents. In the form based type of templates and extensible table type of templates, the
Contractors are required to enter the data and encrypt the data using the Digital Certificate.
In the uploadable document type of templates, the Contractors are required to select the relevant
document / compressed file (containing multiple documents) already uploaded in the briefcase.

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Notes:The Contractors upload a single document or a compressed file containing multiple

documents against each unloadable option.
The Hashes are the thumbprint of electronic data and are based on one – way algorithm. The
Hashes establish the unique identity of Bid Data.
The bid hash values are digitally signed using valid Class – II or Class – III Digital Certificate issued
any Certifying Authority. The Contractors are required to obtain Digital Certificate in advance.
After the hash value of bid data is generated, the Contractors cannot make any change / addition
in its bid data. The bidder may modify bids before the deadline for Bid Preparation and Hash
Submission as per Time Schedule mentioned in the Tender documents.
This stage will be applicable during both, Pre-bid / Pre-qualification and Financial Bidding
Processes.
5. Close for Bidding (Generation of Super Hash Values) :
After the expiry of the cut – off time of Bid Preparation and Hash Submission stage to be
completed by the Contractors has lapsed, the Tender will be closed by the Tender Authority.
The Tender Authority from PWD shall generate and digitally sign the Super Hash values (Seals).
6. Decryption and Re-encryption of Bids (submitting the Bids online):
After the time for generation of Super Hash values by the Tender Authority from PWD has lapsed,
the Contractors have to make the online payment of Rs. 1,092/- towards the fees of the Service
Provider.
After making online payment towards Fees of Service Provider, the Contractors are required to
decrypt their bid data using their Digital Certificate and immediately re-encrypt their bid data
using the Public Key of the Tendering Authority. The Public Key of the Tendering Authority is
attached to the Tender during the Close for Bidding stage.
Note: The details of the Processing Fees shall be verified and matched during the Technical
Opening stage.
At this time, the Contractors are also required to upload the files for which they generated the Hash
values during the Bid Preparation and Hash Submission stage.
The Bid Data and Documents of only those Contractors who have submitted their Bid Hashes
(Seals) within the stipulated time (as per the Tender Time Schedule), will be available for
decryption and re-encryption and to upload the relevant documents from Briefcase. A Contractor
who has not submitted his Bid Preparation and Hash Submission stage within the stipulated time
will not be allowed to decrypt / re-encrypt the Bid data / submit documents during the stage of
Decryption and Re-encryption of Bids (submitting the Bids online).
7. Shortlisting of Contractors for Financial Bidding Process :
The Tendering Authority will first open the Technical Bid documents of all Contractors and after
scrutinizing these documents will shortlist the Contractors who are eligible for Financial Bidding
Process. The shortlisted Contractors will be intimated by email.
8. Opening of the Financial Bids :

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The Contractors may remain present in the Office of the Tender Opening Authority at the time of
opening of Financial Bids. However, the results of the Financial Bids of all Contractors shall be
available on the PWD e-Tendering Portal immediately after the completion of opening process.
9. Tender Schedule (Key Dates):
The Contractors are strictly advised to follow the Dates and Times allocated to each stage under
the column “Contractor Stage” as indicated in the Time Schedule in the Detailed Tender Notice for
the Tender. All the online activities are time tracked and the Electronic Tendering System enforces
time-locks that ensure that no activity or transaction can take place outside the Start and End Dates
and Time of the stage as defined in the Tender Schedule.
At the sole discretion of the Tender Authority, the time schedule of the tender stages may be
extended.
C) Terms and Conditions For Online-Payments
The Terms and Conditions contained herein shall apply to any person (“User”) using the services
of PWD Maharashtra, hereinafter referred to as “Merchant”, for making Tender fee and Earnest
Money Deposit(EMD) payments through an online Payment Gateway Service (“Service”) offered
by ICICI Bank Ltd. in association with E Tendering Service provider and Payment Gateway Service
provider through PWD Maharashtra website i.e. http://pwd.maharashtra.etenders.in. Each User
is therefore deemed to have read and accepted these Terms and Conditions.
Privacy Policy
The Merchant respects and protects the privacy of the individuals that access the information and
use the services provided through them. Individually identifiable information about the User is not
willfully disclosed to any third party without first receiving the User's permission, as covered in
this Privacy Policy.
This Privacy Policy describes Merchant’s treatment of personally identifiable information that
Merchant collects when the User is on the Merchant’s website. The Merchant does not collect any
unique information about the User (such as User's name, email address, age, gender etc.) except
when you specifically and knowingly provide such information on the Website. Like any business
interested in offering the highest quality of service to clients, Merchant may, from time to time,
send email to the User and other communication to tell the User about the various services,
features, functionality and content offered by Merchant's website or seek voluntary information
fromThe User.
Please be aware, however, that Merchant will release specific personal information about the User
if required to do so in the following cirumstances:
in order to comply with any valid legal process such as a search warrant, statute, or court order, or
available at time of opening the tender
if any of User’s actions on our website violate the Terms of Service or any of our guidelines for
specific services, or
to protect or defend Merchant’s legal rights or property, the Merchant’s site, or the Users of the site
or;
to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations
involving potential threats to the security, integrity of Merchant’s website/offerings.

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General Terms and Conditions For E-Payment
Once a User has accepted these Terms and Conditions, he/ she may register on Merchant’s website
and avail the Services.
Merchant's rights, obligations, undertakings shall be subject to the laws in force in India, as well as
any directives/ procedures of Government of India, and nothing contained in these Terms and
Conditions shall be in derogation of Merchant's right to comply with any law enforcement agencies
request or requirements relating to any User’s use of the website or information provided to or
gathered by Merchant with respect to such use. Each User accepts and agrees that the provision of
details of his/ her use of the Website to regulators or police or to any other third party in order to
resolve disputes or complaints which relate to the Website shall be at the absolute discretion of
Merchant.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and liability limitations set
forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of these Terms and Conditions shall continue in effect.
These Terms and Conditions constitute the entire agreement between the User and Merchant.
These Terms and Conditions supersede all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the User and Merchant. A printed version
of these Terms and Conditions and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to these Terms and Conditions to the
same extent and subject to the same conditions as other business documents and records originally
generated and maintained in printed form.
The entries in the books of Merchant and/or the Payment Gateway Service Providers kept in the
ordinary course of business of Merchant and/or the Payment Gateway Service Providers with
regard to transactions covered under these Terms and Conditions and matters therein appearing
shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the
transaction.
Refund For Charge Back Transaction: In the event there is any claim for/ of charge back by the
User for any reason whatsoever, such User shall immediately approach Merchant with his/ her
claim details and claim refund from Merchant alone. Such refund (if any) shall be effected only by
Merchant via payment gateway or by means of a demand draft or such other means as Merchant
deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment
Gateway Service Provider(s) and in the event such claim is made it shall not be entertained.
In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit
card or net banking purchase transaction(s) which are at any time refused, debited or charged back
to merchant account (and shall also include similar debits to Payment Gateway Service Provider's
accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together
with the bank fees, penalties and other charges incidental thereto.
Refund for fraudulent/duplicate transaction(s): The User shall directly contact Merchant for any
fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent
individual/party and such issues shall be suitably addressed by Merchant alone in line with their
policies and rules.
Server Slow Down/Session Timeout: In case the Website or Payment Gateway Service Provider’s
webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or
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‘failure’ or ‘session timeout’, the User shall, before initiating the second payment,, check whether
his/her Bank Account has been debited or not and accordingly resort to one of the following
options:
In case the Bank Account appears to be debited, ensure that he/ she does not make the payment
twice and immediately thereafter contact Merchant via e-mail or any other mode of contact as
provided by Merchant to confirm payment.
ii. In case the Bank Account is not debited, the User may initiate a fresh transaction to make
payment.
However, the User agrees that under no circumstances the Payment Gateway Service Provider
shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be
raised to Payment Gateway Service Provider No communication received by the Payment
Gateway Service Provider(s) in this regard shall be entertained by the Payment Gateway Service
Provider.
Limitation of Liability
Merchant has made this Service available to the User as a matter of convenience. Merchant
expressly disclaims any claim or liability arising out of the provision of this Service. The User
agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that
Merchant reserves the right to terminate the rights to use of the Service immediately without giving
any prior notice thereof.
Merchant and/or the Payment Gateway Service Providers shall not be liable for any inaccuracy,
error or delay in, or omission of (a) any data, information or message, or (b) the transmission or
delivery of any such data, information or message; or (c) any loss or damage arising from or
occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in
any such data, information or message. Under no circumstances shall the Merchant and/or the
Payment Gateway Service Providers, its employees, directors, and its third party agents involved
in processing, delivering or managing the Services, be liable for any direct, indirect, incidental,
special or consequential damages, or any damages whatsoever, including punitive or exemplary
arising out of or in any way connected with the provision of or any inadequacy or deficiency in the
provision of the Services or resulting from unauthorized access or alteration of transmissions of
data or arising from suspension or termination of the Services.
The Merchant and the Payment Gateway Service Provider(s) assume no liability whatsoever for
any monetary or other damage suffered by the User on account of:
(I) the delay, failure, interruption, or corruption of any data or other information transmitted in
connection with use of the Payment Gateway or Services in connection thereto; and/ or
(ii) any interruption or errors in the operation of the Payment Gateway.
The User shall indemnify and hold harmless the Payment Gateway Service Provider(s) and
Merchant and their respective officers, directors, agents, and employees, from any claim or
demand, or actions arising out of or in connection with the utilization of the Services.
The User agrees that Merchant or any of its employees will not be held liable by the User for any
loss or damages arising from your use of, or reliance upon the information contained on the
Website, or any failure to comply with these Terms and Conditions where such failure is due to
circumstance beyond Merchant’s reasonable control.
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Miscellaneous Conditions :
Any waiver of any rights available to Merchant under these Terms and Conditions
shall not mean that those rights are automatically waived.
The User agrees, understands and confirms that his/ her personal data including without
limitation details relating to debit card/ credit card transmitted over the Internet may be
susceptible to misuse, hacking, theft and/ or fraud and that Merchant or the Payment Gateway
Service Provider(s) have no control over such matters.
Although all reasonable care has been taken towards guarding against unauthorized use of any
information transmitted by the User, Merchant does not represent or guarantee that the use of the
Services provided by/ through it will not result in theft and/or unauthorized use of data over the
Internet.
The Merchant, the Payment Gateway Service Provider(s) and its affiliates and associates shall not
be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communications line failure, theft or
destruction or unauthorized access to, alteration of, or use of information contained on the Website.
The User may be required to create his/ her own User ID and Password in order to register and/ or
use the Services provided by Merchant on the Website. By accepting these Terms and Conditions
the User agrees that his/ her User ID and Password are very important pieces of information and it
shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof,
the User agrees to;
Choose a new password, whenever required for security reasons.
Keep his/ her User ID & Password strictly confidential.
Be responsible for any transactions made by User under such User ID and Password.
The User is hereby informed that Merchant will never ask the User for the User’s password in an
unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/ her
Merchant account on the Website and close the web browser window when the transaction(s) have
been completed. This is to ensure that others cannot access the User’s personal information and
correspondence when the User happens to share a computer with someone else or is using a
computer in a public place like a library or Internet café.
Debit/Credit Card, Bank Account Details
The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid
Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is
not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof.
The User further agrees and undertakes to provide correct and valid debit/credit card details.
The User may make his/ her payment(Tender Fee/Earnest Money deposit) to Merchant by using a
debit/credit card or through online banking account. The User warrants, agrees and confirms that
when he/ she initiates a payment transaction and/or issues an online payment instruction and
provides his/ her card / bank detai
The User is fully and lawfully entitled to use such credit / debit card, bank account for such
transactions;

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The User is responsible to ensure that the card/ bank account details provided by him/ her are
accurate;
The User is authorizing debit of the nominated card/ bank account for the payment of Tender Fee
and Earnest Money Deposit
The User is responsible to ensure sufficient credit is available on the nominated card/ bank account
at the time of making the payment to permit the payment of the dues payable or the bill(s) selected
by the User inclusive of the applicable Fee.
Personal Information
The User agrees that, to the extent required or permitted by law, Merchant and/ or the Payment
Gateway Service Provider(s) may also collect, use and disclose personal information in connection
with security related or law enforcement investigations or in the course of cooperating with
authorities or complying with legal requirements.
The User agrees that any communication sent by the User vide e-mail, shall imply release of
information therein/ therewith to Merchant. The User agrees to be contacted via e-mail on such
mails initiated by him/ her.
In addition to the information already in the possession of Merchant and/ or the Payment Gateway
Service Provider(s), Merchant may have collected similar information from the User in the past. By
entering the Website the User consents to the terms of Merchant’s information privacy policy and
to our continued use of previously collected information. By submitting the User’s personal
information to us, the User will be treated as having given his/her permission for the processing of
the User’s personal data as set out herein.
The User acknowledges and agrees that his/ her information will be managed in accordance with
the laws for the time in force.
Payment Gateway Disclaimer
The Service is provided in order to facilitate payment of Tender Fees/Earnest Money Deposit
online. The Merchant or the Payment Gateway Service Provider(s) do not make any representation
of any kind, express or implied, as to the operation of the Payment Gateway other than what is
specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions,
the User expressly agrees that his/ her use of the aforesaid online payment service is entirely at
own risk and responsibility of th

16
A. GENERAL
Scope of Bid
The Employer (named in Appendix to ITB) invites bids for the constructions of works (as
defined in these documents and referred to as “the works”) detailed in the table given in
IFB. The bidders may submit bids for any or all of the works detailed in the table given in
IFB.
The successful bidder will be expected to complete the works by the intended completion
date specified in the Contract data.
Throughout these bidding documents, the terms ‘bid’ and ‘tender’ and their derivatives
(bidder/tenderer, bid/tender, bidding/tendering etc.) are synonymous.
Sources of Funds
The expenditure on this project will be met from the budget of Govt. of Maharashtra.
Eligible Bidders
This invitation for Bids is open to all bidders.
All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a
statement that the Bidder is neither associated, nor has been associated, directly or
indirectly, with the Consultant or any other entity that has prepared the design,
specification, and other documents for the Project or being proposed as Project Manager
for the Contract. A firm that has been engaged by the Employer to provide consulting
services for the preparation of supervision of the works, and any of its affiliates, shall not
be eligible to bid.
Qualification of the Bidder
All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a
preliminary description of the proposed work method and schedule, including drawings
and charts, as necessary. The proposed methodology should include programme of
construction backed with equipment planning and deployment duly supported with
broad calculations and quality assurance procedures proposed to be adopted justifying
their capability of execution and completion of work as per technical specifications, within
stipulated period of completion.

All bidders shall include the following information and documents with their bids in
Section 2.

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Copies of original documents defining the constitution or legal status, place
of registration under partnership or companies Act and principal place of
business, written power of attorney of the signatory of the Bid to commit
the Bidder ;
Total monetary value of construction work performed for each of the last Five years ;
Experience in works of a similar nature and size for each of the last Three years and details of
works underway or contractually committed and clients who may be contacted for further
information on those contracts ;
Major items of construction equipment proposed to carry out the Contract.
Qualifications and experience of key site management and technical personnel proposed for
contract;
Reports on the financial standing of the Bidder, such as profit and loss statements and auditor’s
reports for the past Five years ;
Evidence of access to line(s) of credit and availability of other financial resources facilities (10% of
contract value) certified by the Bankers. (Not more than 3 months old)(To be deleted for works
costing less than Rs.5 Crores);
Undertaking that the bidder will be able to invest a minimum cash upto 25% of contract value of
work during implementation of work ;
Authority to seek references from the Bidder’s bankers ;
Information regarding any litigation, current or during the last Five years, in which the Bidder is
involved, the parties concerned and disputed amount ;
Proposals for subcontracting components of the Works amounting to more than 10 percent of the
Bid Price (for each, the qualifications and experience of the identified sub contractor in the relevant
field should be annexed); and
The proposed methodology and programme of construction, backed with equipment planningand
deployment, duly supported with broad calculations and quality control procedures proposed to
be adopted, justifying their capability of execution and completion of the work as per technical
specifications within the stipulated period of completion as per milestones.(To be deleted for
works less than Rs.1.50 Crore)(to be made applicable for works over Rs.1.50 Crore).
4.3 Bids from Joint ventures are acceptable
4.3.1 In case of joint venture the scanned and digitally signed copy of registered
partnership deed shall be submitted in Envelope No.1.
4.3.2 Two or more contractors of any class may combine and tender for a
work costing to the amounts upto which each individual contractor or the
higher of two limits if they are of different categories are empowered to
tender as per the original registration provided.

(i) The combination is of the contractor as a whole and not individual partners and.
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(ii) They draw a registered partnership deed and submit a copy thereof to the authority at
the time of purchase of the tender forms.
4.3.3 Whenever the advantage of such combination of two or more contractors is to be taken for
quoting for a work, the registered partnership deed should be irrevocable till the completion of
work for which they have combined and till all the liabilities there of are liquidated and the share
of contractor of higher category should not be less than 50% Further, the percentage share of the
contractor of the lower category in such a partnership / combination should not be more than this
limit of eligibility to quote for works divided by the estimated cost of work put to tender (i.e. when
such a percentage is applied to the cost of the work, his share of cost should not exceed his own
eligibility limit of tendering for works.) The lead partners shall meet not less than 50% of all
qualifying without like annual turn over , single work, quantities of items and Bid capacity of
above . The Joint Venture must collectively satisfy the criteria of para annual turn over , single
work , quantities of items and Bid capacity above. The experience of the other Joint partner shall be
considered if it is not less than 30% of the qualifying criteria like annual turn over, single work, and
Bid capacity of above.
4.3.4 Grouping of plant and machineries owned by individual contractors executing joint venture
will be considered.
4.3.5 Earnest money exemption certificate in individual capacity will not be accepted in case ofjoint
venture. Earnest money and additionalperformance/ security deposit in form of TDR/FDR issued
in the name of joint venture company drown by the schedule Bank having branches in
Maharashtra and endorsed in the name of Executive Engineer ,Public works Division Yavatmal for
a period of one year only be considered .
4.3.6 Pre-registered consortiums Registered in stamp office will be accepted as joint ventures.
4.4A. To qualify for award of the contract, each bidder in its name shouldhave inthe last Five
years as referred to in Appendix.
Achieved a minimum annual financial turnover (in all classes of civil engineering
construction works only) amount indicated in Appendix in anyone year (usually not less
than two and a half times the estimatedannual payments under the contract);
(a) Achieved a maximum annual financial turnover Rs.511.00 Lakhs (in all classes of civil
engineering construction works only) of amount indicated in Appendix in any one year (usually
not less than 75 % of the annual cost of the project under the contract); (During last Fiveyears i.e.
2012-13,2013-14,2014-15, 2015-16,2016-17 )
B) Satisfactorily completed (not less than 90% of contract value), as a prime contractor (or
as a nominated subcontractor, where the subcontract involved execution of "all main items
of work described in the bid document, provided further that all other qualification criteria
are satisfied) at least one similar work of value of Rs.408.13 Lakhs not less than amount
indicated in Appendix (usually not less than 30% of estimated value of contract);
(b) Satisfactorily completed as a prime contractor (or as a nominated subcontractor, where

the subcontract involved execution of "all main items of work described in the bid
document, provided further that all other qualification criteria are satisfied) at least one
similar work of value not less than amount indicated in Appendix (for Project costing Rs.1
crore to 10 crore not less than % of the Project cost and for Projects costing more than 10
crore - not less than % of Project Cost), (usually not less than 50% of estimated value of
contract);

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(c) executed in anyone year, the minimum quantities of the following items of work as
indicated in Appendix.
1) TMT Steel Fe 415 166.00 MT.

2) Cement Concrete M-20 & above 1132.00 Cum.
3) Brick Work 792..00 Cum.
4) Tiles Flooring/Granite flooring/ dado 3475.00 Sqm.
5) Water Proofing treatment. 1068.00 Sqm.
B. Each bidder should further demonstrate:
availability (either owned or leased) of thefollowing key and critical equipment for this
work:
NOTE: (To be deleted for works upto Rs. 1.50Crore, above Rs. 1.50 Crore applicable )
Based on the studies, carried out by the Engineer the minimum suggested major equipment to
attain the completion of works in accordance with the prescribed construction schedule are shown
in the Annexure-I.
The bidders should, however, undertake their own studies and furnish with their bid, a detailed
construction planning and methodology supported with layout and necessary drawings and
calculations (detailed) as stated in clause 4.3 (1) above to allow the employer to review their
proposals. The numbers, types and capacities of each plant/equipment shall be shown in the
proposals along with the cycle time for each operation for the given production capacity to match
the requirements.
(b) availability for this work of personnel with adequate experience as required; as per
Annexure-II.
(c) liquid assets and/or availability of credit facilities of no less than amount indicated in
Appendix
(Credit lines / letter of credit / certificates from Banks for meeting the funds requirement
etc. - usually the equivalent of the estimated cash flow for 3 months in peak construction
period.)(for works above Rs.1.50 Crores)
C. To qualify for a package of contracts made up of this and other contracts for which bids
areinvited in the IFB, the bidder must demonstrate having experience and resources sufficient to
meet the aggregate of the qualifying criteria for the individual contracts.
4.5 Sub-contractors' experience and resources shall not 'be taken into account in determining
thebidder's compliance with the qualifying criteria except to the extent stated in 4.5 (A) above.
4.6 Bidders who meet the minimum qualification criteria will be qualified only iftheir
availablebid capacity is more than the total bid value. The available bid capacity will be calculated
as under:
Assessed Available Bid capacity = ( A*N*2 - B )
where

20
A= Maximum value of civil engineering works executed in anyone year during the last Three
years (updated to the price level of the year indicated in Appendix) taking into account the
completed as well as works in progress.
N= Number of years prescribed for completion of the works for which bids are invited.
B= Value (updated to the price level of the year indicated in Appendix) of existing
commitments and on-going works to be completed during the next Two Years ( Twenty four
Month) (period of completion of the works for which bids are invited)
Note: The statements showing the value of existing commitments and on-going works as well as
the stipulated period of completion remaining for each of the works listed should be countersigned
by the Engineer in charge, not below the rank of an Executive Engineer or equivalent.
4.7 Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
- made misleading or false representations in the forms, statements and attachments

submitted in proof of the qualification requirements; and/or
record of poor performance such as abandoning the works, not properly completing the
contract, inordinate delaysin completion, litigation history, or financial failures etc.; and/or
participated in the previous bidding for the same work and had quoted unreasonably high
bid prices and could not furnish rational justification to the employer.
5.0 One Bid per Bidder
5.1 Each bidder shall submit only one bid for one work. A bidder who submits or participates
in more than one Bid (other than as a subcontractor or in cases of alternatives that have been
permitted or requested) will cause all the proposals with the Bidder's participation to be
disqualified.
6.0 Cost of Bidding
6.1. The bidder shall bear all costs associated with the preparation and submission of his
Bid,and the Employer will in no case be responsible and liable for those costs.
7.0 Site Visit
7.1. The Bidder, at the Bidder's own responsibility and risk is encouraged to visit and examine
the Site of Works and its surroundings and obtain all information that may be necessary for
preparing the Bid and entering into a contract for construction of the Works. The costs of visiting
the Site shall be at the Bidder's own expense.

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B. BIDDING DOCUMENTS
8. Content of Bidding Documents
8.1 The set of bidding documents comprises the documents listed below and addenda issued
in accordance with Clause 10.
Section Particulars Volume No.
Invitation for Bids
1 Instruction to Bidders
2 Qualification information and other forms I
3 Conditions of Contract
4 Contract Data
5 Technical Specification II
6 Form of Bid
7 Bill of Quantities III
8 Securities and other forms
9 Drawings IV
10 Documents to be furnished by bidder V
8.2 One copy of each of the volumes I, II, III and IV will be issued to the bidder. Documents to
be furnished by the bidder in compliance to section 2 will be prepared by him and furnished as
Volume- V in two parts (refer clause 12).
8.3 The bidder is expected to examine carefully all instructions, conditions of contract, contract
data, forms, terms, technical specifications, bill of quantities, forms, Annexes and drawings in the
Bid Document. Failure to comply with the requirements of Bid Documents shall be at the bidder's
own risk. Pursuant to clause 26 hereof, bids which are not substantially responsive to the
requirements of the Bid Documents shall be rejected.
9. Clarification of Bidding Documents
9.1 A prospective bidders requiring any clarification of the bidding documents may notify the
Employer in writing or by Fax /email at the Employer’s address indicated in the invitation to bid
before the date and time of the pre-bid meeting specified in the Tender Schedule. The Employer
will respond to any request for clarification which he received, earlier than 3 days prior to the Bid
due date. Copies of the Employer's response will be uploaded in “edit attachment option” of
concern tender on e-tendering portal and viewable to all tenderer, including a description of the
enquiry but without identifying its source.
9.2 Pre-bid meeting
9.2.1 The bidder or his official representative is invited to attend a pre-bid meeting which will
take place at the address, venue, time and date as indicated in NIT.

22
9.2.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter
that may be raised at that stage.
9.2.3 The bidder is requested to submit any questions in writing by fax or by e-mail to reach the
Employer well before the date & time of the pre-bid meeting.
9.2.4 Minutes of the meeting, including the text of the questions raised (without identifying the
source of enquiry) and the responses given will be transmitted by uploading on e-tender portal
without delay for information to all intended bidder. Any modifications of the bidding documents
listed in sub clause 8.1 which may become necessary as a result of the pre-bid meeting shall be
made by the Employer exclusively through the issue of an Addendum pursuant to clause 10 and
not through the minutes of the pre-bid meeting.
9.2.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a bidder.
10. Amendment of Bidding Documents
10.1 Before the deadline for submission of bids, the Employer may modify the bidding
documents by issuing addenda.
10.2 Any addendum thus issued shall be part of the bidding documents and shall be
communicated in writing or by fax or e-mail to all the purchasers of the bidding documents.
Prospective bidders shall acknowledge receipt of each addendum in writing or by fax or email to
the Employer. The Employer will assume no responsibility for postal delays.
10.3 To give prospective bidders reasonable time in which to take an addendum into account
inpreparing their bids, the Employer may, at his discretion, extend as necessary the deadline for
submission of bids, in accordance with Sub-Clause 20.2 below.
C. PREPARATION OF BIDS
11. Language of the Bid
All documents relating to the bid shall be in the English language.
12. Documents Comprising the Bid
12.1 The bid to be submitted by the bidder as Volume V of the bid document (refer Clause 8.1)
shall be in two separate parts:
Part I shall be named "Technical Bid" and shall comprise
(i) Bid Security in the form specified in section 8
(ii) Qualification Information and supporting documents as specified in Sect. 2.
(iii) Certificates, undertakings, affidavits as specified in Section 2.
(iv) Any other information pursuant to Clause 4.2 of these instructions.
(v) Undertaking that the bid shall remain valid for the period specified in Clause 15.1.
(vi) Acceptance/ non acceptance of Dispute Review Expert proposed in Clause 36.1.
Part II shall be named "Financial Bid" and shall comprise
(i) Form of Bid a specified in Section 6.

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(ii) Priced Bill of Quantities for items specified in Section 7.
Each part will be separately sealed and marked in accordance with the Sealing and Marking
Instructions Clause 19.
12.2 The documents and details mentioned in clause 12.1 Part I above scanned copies of the original
documents shall be submitted online on website http://pwd.maharashtra.etenders.in. Details and
process of online submission of the tender and relevant documents are given in the website
mentioned above. The above mentioned documents to be submitted in Hard Copies in the manner
as prescribed below:
12.2 The bidder shall prepare two copies of the bid, marking them 'Original' and 'Copy'
respectively.
12.3 Following documents, which are not submitted with the bid, will be deemed to be part of the
bid.
Section Particulars Volume No.
Invitation for Bids (IFB)
1
Instruction to Bidders
3 Volume I
Conditions of Contract
4 Contract Data
5 Specifications Volume II
6 Drawings Volume IV
13 Bid Prices.
The contract shall be for the whole works as described in Sub-Clause 1.1,
based on the priced Bill of Quantities submitted by the Bidder.

The bidder shall fill rates and prices and line item total (both in figures and words)for all items of
the Works described in the Bill of Quantities along with total bid price (both in figures and words).
Items for which no rate or price is entered by the bidder will not be paid for by the Employer when
executed and shall be deemed covered by the other rates and prices in the Bill of Quantities.
Corrections of any, shall be made by crossing out, initialing, dating and rewriting.
All duties, taxes and other levies payable by the contractor under the contract, or for any other
cause shall be included in the rates, prices and total Bid Price submitted by the Bidder.
13.4* The rates and prices quoted by the bidder shall be fixed for the duration of the Contract and
shall not be subjectto adjustment on any account (For contracts up to 12 months period).
OR
13.4 The rates and prices quoted by the bidder are subject to adjustment during the performance
of the Contract in accordance with the provisions of Clause 45.1 of the Conditions of Contract
(For contracts more than 12 months period).

24
Tenderer shall consider provisions as per CGST ACT 2017 and MGST ACT
2017 and the taxes due to him as per the prevailing rules shall be inclusive of his
Bid Price.
After the enforcement of section 51 of Maharashtra Goods & Services Act 2017,
provisional amount CGST & MGST will be deducted at source.
14.0 Currencies of Bid and Payment
14.1 The unit rates and the Prices shall be quoted by the bidder entirely in Indian Rupees. All
payment shall be made in Indian Rupees.
* Choose one and delete the other
15.0 Bid Validity
15.1. Bids shall remain valid for a period not less than 90 days after the deadline date for
bidsubmission specified in Clause 20. A bid valid for a shorter period shall be rejected by the
Employer as non-responsive. In case of discrepancy in bid validity period between that given in the
undertaking pursuant to Clause 12.1 (v) and the Form of Bid submitted by the bidder, the latter
shall be deemed to stand corrected in accordance with the former and the bidder has to provide for
any additional security that is required.
15.2. In exceptional circumstances, prior to expiry of the original time limit, the Employer may
request that the bidders may extend the period of validity for a specified additional period. The
request and the bidders' responses shall be made in writing or by cable. A bidder may refuse the
request without forfeiting his bid security. A bidder agreeing to the request will not be required or
permitted to modify his bid except as provided in 15.3 hereinafter, but will be required to extend
the validity of his bid security for a period of the extension, and in compliance with Clause 16 in all
respects.
15.3.* In the case of contracts in which the Contract Price is fixed (not subject to price adjustment),
in the event that the Employer requests and the Bidder agrees to an extension of the validity period,
the contract price, if the Bidder is selected for award shall be the bid price corrected as follows:
(delete if the contract is for more than 12 months period)
The price shall be increased by the factor of 0.2% for each week or part of a week that has elapsed
from the expiration of the initial bid validity to the date of issue of letter of acceptance to the
successful Bidder.
15.4 Bid evaluation will be based on the bid prices without taking into consideration the above
correction.
16.0 Bid Security
16.1 The Bidder shall furnish, as part of his Bid, a Bid security in the amount as shown in
column 4 of the table of IFB for this particular work. This bid security shall be in favor of Employer
as named in Appendix and may be in one of the following forms;
16.1 The Bidder shall furnish, as part of the Bid, Bid Security (EMD), in the amount
specified in the Appendix to ITB.
16.2 The Bid Security (EMD) shall be paid online through RTGS / NEFT/Net banking. Other
forms of Bid Security acceptable to the Employer are stated in the Appendix to ITB.
25
16.3 Any bid not accompanied by an acceptable Bid Security and not secured as indicated in Sub-
Clauses 16.1 and 16.2 above shall be rejected by the Employer as non-responsive.
16.4 The Bid Security of unsuccessful bidders will be returned within 28 days of the end of the bid
validity period specified in Sub-Clause 15.1.
The Bid Security of the successful bidder will be discharged when the bidder has signedthe
*Delete if the contract is for more than 12 months period
Agreement and furnished the required Performance Security.
16.6 The Bid Security may be forfeited
(a)if the Bidder withdraws the Bid after Bid opening during the period of Bid validity;
(b)if the Bidder does not accept the correction of the Bid Price, pursuant to Clause 27; or
(c) in the case of a successful Bidder, if the Bidder fails within the specified time limit to
(i) sign the Agreement; or
(ii) furnish the required Performance Security.
17.0 Alternative Proposals by Bidders
17.1 Bidders shall submit offers that fully comply with the requirements of the bidding
documents, including the conditions of contract (including mobilisation advance or time for
completion), basic technical design as indicated in the drawing and specifications. Conditional offer
or alternative offers will not be considered further in the process of tender evaluation.
18.0 Format and Signing of Bid
18.1 The Bidder shall prepare one original and one copy of the documents comprising the bid as
described in Clause 12 of these Instructions to Bidders, bound with the volume containing the
"Technical Bid" and "Financial Bid" in separate parts and clearly marked "ORIGINAL" and "COPY"
as appropriate. In the event of discrepancy between them, the original shall prevail.
18.2 The original and copy of the Bid shall be typed or written in indelible ink and shall be
signed by a person or persons duly authorized to sign on behalf of the Bidder, pursuant to Sub-
Clauses 4.3. All pages of the bid where entries or amendments have been made shall be initialed
by the person or persons signing the bid.
18.3 The Bid shall contain no alterations or additions, except those to comply with instructions
issued by the Employer, or as necessary to correct errors made by the bidder, in which case such
corrections shall be initialed by the person or persons signing the bid.
D. SUBMISSION OF BIDS
19.0 Sealing and Marking of Bids (Physical Submission ):--
19.1 The bidder shall submit his bid online as per the procedure laid down on the e-tender portal.
Hard Copy of the said bid shall be submitted within 72 hours from the date and time of Bid Lock in
any of below mention offices
1. Executive Engineer, P.W. Division Yavatmal
2. Executive Engineer, Special Project (P.W.) Division Yavatmal

26
(Nominated by Chief Engineer)
3. Superintending Engineer, P. W. Circle, Yavatmal
4. Chief Engineer, P. W. Region, Amravati
5. Deputy Secretary (Roads), P. W. D. Mantralaya, Mumbai
The Bidder shall seal the original and copy of the Bid in separate envelopes duly marking the
envelopes as "ORIGINAL" and "COPY". These two envelopes (called as inner envelopes) shall then
be put inside one outer envelope. Each set of the inner envelope marked "ORIGINAL" and "COPY"
shall contain within it two separate sealed envelopes marked "Technical Bid" and "Financial Bid"
with additional markings as follows
Original or Copy, as the case may be

Technical Bid: To be opened on---------------------- (AS per NIT)
in the presence of Evaluation Committee.
Financial Bid: Not to be opened except with the approval of Evaluation Committee
The contents of Technical and Financial Bids will be as specified in clause 12.1
19.2. The inner, outer, and separate envelopes containing Technical and Financial Bids shall
(a) be addressed to the Employer at the address given in Appendix
(b) bear the identification as indicated in Appendix.
19.3. In addition to the identification required in Sub-Clauses 19.1 and 19.2, each of the
envelopes shall indicatethe name and address of the bidder to enable the bid to be returned
unopened in case it is declared late, pursuant to Clause 21, or the Evaluation Committee declares
the bid as non responsive pursuant to Clause 23.
19.4 If the outer envelope is not sealed and marked as above, the Employer willassume no
responsibility for the misplacement or premature opening of the bid.
20.0 Deadline for Submission of the Bids
20.1 Complete Bids (including Technical and Financial) must be received by the Employer at the
address specified above not later than the date indicated in appendix. In the event of the specified
date for the submission of bids declared a holiday for the Employer, the Bids will be received upto
the appointed time on the next working day.
20.2. The Employer may extend the deadline for submission of bids by issuing an amendment in
accordance with Clause 10, in which case all rights and obligations of the Employer and the bidders
previously subject to the original deadline will then be subject to the new deadline.
21.0 Late Bids
21.1 Any Bid received by the Employer after the deadline prescribed in Clause 20 will be
returned unopened to the bidder.
22.0 Modification and Withdrawal of Bids
22.1 Bidders may modify or withdraw their bids by giving notice in writing before the deadline
prescribed in Clause 20 or pursuant to Clause 23.

27
22.2 Each Bidder's modification or withdrawal notice shall be prepared, sealed, marked, and
delivered in accordance with Clause 18 & 19, with the outer and inner envelopes additionally
marked "MODIFICATION" or "WITHDRAWAL", as appropriate.
22.3 No bid may be modified after the deadline for submission of Bids except if pursuance of
Clause 23.
22.4 Withdrawal or modification of a Bid between the deadline for submission 0f bids and
the expiration of the original period of bid validity specified in Clause 15.1 above or as extended
pursuant to Clause 15.2 may result in the forfeiture of the Bid security pursuant to Clause 16.

28
E. BID OPENING AND EVALUATION
23.0 Bid Opening
23.1 The Superintending Engineer Employer will open all the Bids received (except those
received late), including modifications made pursuant to Clause 22, in the presence of the Bidders
or their representatives who choose to attend at time, date and the place specified in Appendix in
the manner specified in Clause 20 and 23.3. In the event of the specified date of Bid opening being
declared a holiday for the Employer, the Bids will be opened at the appointed time and location on
the next working day.
23.2 Envelopes marked "WITHDRAWAL" shall be opened and read out first. Bids for which an
acceptable notice of withdrawal has been submitted pursuant to Clause 22 shall not be opened.
23.3 The envelope containing "Technical Bid" shall be opened. The amount, form and validity of
the bid security furnished with each bid will be announced. If the bid security furnished does not
conform to the amount and validity period as specified in the Invitation for Bid (ref. Column 4 and
paragraph 3), and has not been furnished in the form specified in Clause 16, the remaining
technical bid and the sealed financial bid will be returned to the bidder.
23.4 (i) Subject to confirmation of the bid security by the issuing Bank, the bids
accompanied with valid bid security will be taken up for evaluation with respect to the
Qualification Information and other information furnished in Part I of the bid pursuant to Clause
12.1.
(ii) After receipt of confirmation of the bid security, the bidder will be asked in writing
(usually within 10 days of opening of the Technical Bid) to clarify or modify his technical bid, if
necessary, with respect to any rectifiable defects.
(iii) The bidders will respond in not more than 7 days of issue of the clarification letter, which
will also indicate the date, time and venue of opening of the Financial Bid (usually on the 21st day
of opening of the Technical Bid)
(iv) Immediately(usually within 3 or 4 days), on receipt of these clarifications the Evaluation

Committee will finalize the list of responsive bidders whose financial bids are eligible for
consideration.
23.5 At the time of opening of "Financial Bid", the names of the bidders were found responsive
in accordance with Clause 23.4(iv) will be announced. The bids of only these bidders will be
opened. The remaining bids will be returned to the bidders unopened. The responsive Bidders'
names, the Bid prices, the total amount of each bid, any discounts, Bid Modifications and
withdrawals, and such other details as the Employer may consider appropriate, will be announced
by the Superintending Engineer / Employer at the opening. Any Bid price or discount, which is
not readout and recorded will not be taken into account in Bid Evaluation.
23.6 In case bids are invited in more than one package, the order for opening of the "Financial Bid"
shall be that in which they appear in the "Invitation For Bid".
23.7 The Employer shall prepare minutes of the Bid opening, including the information
disclosed to those present in accordance with Sub-Clause 23.6.
24.0 Process to be Confidential
24.1. Information relating to the examination, clarification, evaluation, and comparison of Bids and
recommendations for the award of a contract shall not be disclosed to Bidders or any other persons

29
not officially concerned with such process until the award to the successful Bidder has been
announced. Any effort by a Bidder to influence the Superintending Engineer's / Employer's
processing of Bids or award decisions may result in the rejection of his Bid.
25.0 Clarification of Financial Bids
25.1 To assist in the examination, evaluation, and comparison of Bids, the Employer may, at his
discretion, ask any Bidder for clarification of his Bid, including breakdowns of unit rates. The
request for clarification and the response shall be in writing or by cable, but no change in the price
or substance of the Bid shall be sought, offered, or permitted except as required to confirm the
correction of arithmetic errors discovered by the Superintending Engineer's / Employer in the
evaluation of the Bids in accordance with Clause 27.
25.2. Subject to sub-clause 25.1, no Bidder shall contact the Superintending Engineer's /
Employer on any matter relating to his bid from the time of the bid opening to the time the contract
is awarded. If the Bidder wishes to bring additional information to the notice of the Employer, it
should do so in writing.
25.3 Any effort by the Bidder to influence the Superintending Engineer's / Employer in the
Superintending Engineer's / Employer's bid evaluation, bid comparison or contract award
decisions may result in the rejection of the Bidders' bid.
26.0 Examination of Bids and Determination of Responsiveness
26.1. During the detailed evaluation of "Technical Bids", the Employer will determine whether
each Bid(a) meets the eligibility criteria defined in Clause 3 and 4; (b) has been properly signed; (c)
is accompanied by the required securities and; (d) is substantially responsive to the requirements of
the Bidding documents. During the detailed evaluation of the "Financial Bid", the responsiveness of
the bids will be further determined with respect to the remaining bid conditions, i.e., priced bill of
quantities, technical specifications, and drawings.
26.2 A substantially responsive "Financial Bid" is one which conforms to all the terms,
conditions, and specifications of the Bidding documents, without material deviation or reservation.
A material deviation or reservation is one (a) which affects in any substantial way the scope,
quality, or performance of the Works; (b)which limits in any substantial way, inconsistent with the
Bidding documents, the Employer's rights or the Bidder's obligations under the Contract; or (c)
whose rectification would affect unfairly the competitive position of other Bidders presenting
substantially responsive Bids.
26.3. If a "Financial Bid" is not substantially responsive, it will be rejected by the Employer, and
may not subsequently be made responsive by correction or withdrawal of the non-conforming
deviation or reservation.
27.0 Correction of Errors
27.1 "Financial Bids" determined to be substantially responsive will be checked by the Employer for
any arithmetic errors. Errors will be corrected by the Employer as follows:
(a)where there is a discrepancy between the rates in figures and in words, the rate in words will
govern; and
(b)where there is a discrepancy between the unit rate and the line item total resulting from
multiplying the unit rate by the quantity, the unit rate as quoted will govern.

30
27.2 The amount stated in the "Financial Bid" will be corrected by the Employer in accordance
with the above procedure and the bid amount adjusted with the concurrence of the Bidder in the
following manner:
(a) If the Bid price increases as a result of these corrections, the amount as stated in the bid will be
the 'bid price' and the increase will be treated as rebate;
If the bid price decreases as a result of the corrections, the decreased amount will be treated
as the 'bid price' Such adjusted bid price shall be considered as binding upon the Bidder. If
the Bidder does not accept the corrected amount the Bid will be rejected, and the Bid
security may be forfeited in accordance with Sub-Clause 16.6 (b).
28.0 Deleted
29.0 Evaluation and Comparison of Financial Bids
29.1 The Superintending Engineer's / Employer will evaluate and compare only the Bids
determined to be substantially responsive in accordance with Sub-Clause 26.2.
29.2 In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid Price by
adjusting the Bid Price as follows:
(a) making any correction for errors pursuant to Clause 27; or
(b)making an appropriate adjustments for any other acceptable variations, deviations; and
(c)making appropriate adjustments to reflect discounts or other price modifications offered in

accordance with Sub-Clause 23.6.
29.3 The Superintending Engineer's / Employer reserves the right to accept or reject any
variation or deviation. Variations and deviations and other factors, which are in excess of the
requirements of the Bidding documents or otherwise result in unsolicited benefits for the Employer
shall not be taken into account in Bid evaluation.
29.4 The estimated effect of the price adjustment conditions under Clause 47 of the Conditions of
Contract, during the period of implementation of the Contract, will not be taken into account in Bid
evaluation.
29.5 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer's
estimate of the cost ofwork to be performed under the contract, the Employer may require the
Bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to
demonstrate the internal consistency of those prices with the construction methods and schedule
proposed. After evaluation of the price analyses, the Employer may require that the amount of the
performance security set forth in Clause 34 be increased at the expense of the successful Bidder to a
level sufficient to protect the Employer against financial loss in the event of default of the successful
Bidder under the Contract.
29.6 A bid which contains several items in the Bill of Quantities which are unrealistically priced
low and which cannot be substantiated satisfactorily by the bidder, may be rejected as non-
responsive.
30.0 Deleted
F. AWARD OF CONTRACT
31.0 Award Criteria

31
31.1. Subject to Clause 32, the Employer will award the Contract to the Bidder whose Bid has
been determined
to be substantially responsive to the Bidding documents and who has offered the lowest evaluated
Bid Price; and
to be within the available bid capacity adjusted to account for his bid price which is evaluated the
lowest in any of the packages opened earlier than the one under consideration.
In no case, the contract shall be awarded to any bidder whose available bid capacity is less than the
evaluated bid price, even if the said bid is the lowest evaluated bid. The contract will in such cases
be awarded to the next lowest bidder at his evaluated bid price.
32.0 Employer's Right to Accept any Bid and to Reject any or all Bids
32.1. Notwithstanding Clause 31, the Employer reserves the right to accept or reject any Bid, and
to cancel the Bidding process and reject all Bids, at any time prior to the award of Contract, without
thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the
affected Bidder or Bidders of the grounds for the Employer's action.
33.0 Notification of Award and Signing of Agreement
33.1 The Bidder whose Bid has been accepted will be notified of the award by the Employer
prior to expiration of the Bid validity period by cable, telex or facsimile confirmed by registered
letter. This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance") will
state the sum that the Employer will pay the Contractor in consideration of the execution,
completion, and maintenance of the Works by the Contractoras prescribed by the Contract
(hereinafter and in the Contract called the "Contract Price").
33.2. The notification of award will constitute the formation of the Contract, subject only to the
furnishing of a performance security in accordance with the provisions of Clause 34.
33.3. The Agreement will incorporate all agreements between the Employer and the successful
Bidder. It will be signed by the Employer and sent to the successful Bidder, within 28 days
following the notification of award along with the Letter of Acceptance. Within 21 days of receipt,
the successful Bidder will sign the Agreement and deliver it to the Employer.
33.4 Upon the furnishing by the successful Bidder of the Performance Security, the Employer
will promptly notify the other Bidders that their Bids have been unsuccessful.
34.0 Performance Security
34.1 Within 21 days of receipt of the Letter of Acceptance, the successful Bidder shall deliver to
the Employer a Performance Security in any of the forms given below for an amount equivalent to
2% or Rs. 6 Lakh whichever is more of the Contract price plus additional security for unbalanced
Bids in accordance with Clause 29.5 of ITB and Clause 52 of Conditions of Contract:
34.2. If the performance security is provided by the successful Bidder in the form of a Bank
Guarantee, it shall be issued either (a) at the Bidder's option, by a Nationalized Scheduled Indian
bank or (b) by a foreign bank located in India and acceptable to the Employer.
34.3 Failure of the successful Bidder to comply with the requirements of Sub-Clause 34.1
shall constitute sufficient grounds for cancellation of the award and forfeiture of the Bid
Security.

32
34. [A] ADDITIONAL PERFORMANCE SECURITY ;- Bank Guarantee Or Demand Draft for
Additional Performance Security Deposit for Quoting Offer More than 1% below the tender cost.
(As Per GR. Dated 12.04.2017).
As per the directives laid down in Government Of Maharashtra, Public Works Department,
Marathi Resolution No.CAT 2017/PRA.KRA 8/ Bldg-2/dt. 12.04.2017 & Letter Dt. 4.9.2017, If the
bidder intends to quote his offer below more than 1 % of the Bid cost of the department then such
bidder should upload a Bank Guarantee (in the form as prescribed by Government) Or Demand
Draft Or FDR from any Schedule Bank or Nationalized Bank. This shall be uploaded in the
financial envelope (envelope No.2).
A self attested affidavit that Additional Performance Security is enclosed in envelope No.2 shall be
included in the Technical Envelope No.1 in as mentioned below.
A) If the Bidder intends to quote his offer below more than 1 % upto 10 % of the estimated cost
put to Bid then he should submit a Bank Guarantee Or Demand Draft / FDR amounting to
1% of the Bid cost of the department towards Additional Performance Security and
scanned copy of Bank Guarantee Or Demand Draft Or FDR shall be uploaded in Part II -
Financial Bid.
B) If the Bidder intends to quote his offer more than 10 % below the estimated cost put to Bid
then he should submit Additional Performance Security 1 % for every percent after 10 %
below percentage in addition to the cost of 1% Additional performance security mentioned
above clause A for quoting below offer, scanned copy of Bank Guarantee Or Demand Draft
Or FDR shall be uploaded in Part II - Financial Bid
(eg. If Bidder quotes his offer 14 % below the estimated cost put to bid, then he should
submit 14 - 10 = 4 % Additional Performance security + 1% = 5 % amount of the cost put to
bid as a total Additional Performance Security.)
1.Such Bank Guarantee Or Demand Draft or FDR shall strictly issued only by the Nationalized
Bank or Scheduled Bank in favour of in the Executive Engineer, Public Works Division, Yavatmal
and DD shall be valid for the minimum period of three months after date of submission of the
tender and Bank Guarantee shall be valid for 24 months from extended further in case of
extension in time limit.
2) The Bank Guarantee Or Demand Draft should bear the MICR and IFSC Code Number of the
issuing bank.
3) The scanned copy of this Bank Guarantee Or Demand Draft Or FDR shall be uploaded in Part II
- Financial Bid of the bid. The Hard Copy of this Bank Guarantee Or Demand Draft shall be
submitted in the office of the concerned Executive Engineer in "sealed envelope" within five
working days from the last date of receipt of bid. The bidder shall write the 'Name of Work,' 'E-
Tender No.' and 'Tender Notice No.' on such sealed envelope addressed to the concerned Executive
Engineer.
4) If such contractor will not comply the stipulations laid down in the bid and not qualified for the
opening of his financial offer Part II - Financial Bid the Bank Guarantee Or Demand Draft Or FDR
of such bidder shall be returned within 7 days after the date of opening of the bid.

33
5) If the bidder comply the stipulations laid down in the tender and qualified for the opening of his
financial offer then the Bank Guarantee Or Demand Draft Or FDR of the other bidders (other than
1st and 2nd lowest bidder) shall be returned within 7 days after the date of opening of the bid.
6) The demand draft/ Bank Guarantee Or FDR of the 2nd lowest bidder shall be returned within 3
days from the date of work order.
7) If it is found that the Bank Guarantee Or Demand Draft Or FDR as above submitted by the
bidder is False / Forged then the Earnest Money submitted by such bidder shall be Forfeited and
appropriate action as per the prevailing Govt. Rules will be taken against him & he will also be
Black Listed. This is also applicable for Unregistered Bidder.
8) The work order to the successful contractor shall be issued only after the encashment of his
Demand Draft or on confirmation of Bank guarentee by the concerned Executive Engineer.
9) The amount of performance security of successful contractor shall be refunded immediately

upon satisfactory completion of work, the certificate of which shall issued byt the Executive
Engineer before releasing the additional security of said work successfully.
10) If at the time of submitting the below offer as stated above, contractor has submitted the
required Demand Draft then after completing the tender process the Demand Draft of the Lowest
bidder will be returned to him if the Bank Guaranttee of the required amount valid upto the period
of the Completion of work period submitted by the contractor
Note :- for calculating the amount of ADDITIONAL PERFORMANCE SECURITY contractors offer
will be calculated in percentage rounded upto two decimal points only.
35.0 Advance Payment and Security

35.1 The Employer will provide an Advance Payment on the Contract Price as stipulated in the
Conditions of Contract, subject to maximum amount, as stated in the Contract Data.
36.0 Dispute Review Expert
36.1. The Employer proposes that [name of proposed Dispute Review Expert as indicated in
Appendix] be appointed as Dispute Review Expert under the Contract, at a daily fee as indicated in
Appendix plus reimbursable expenses. If the Bidder disagrees with this proposal, the Bidder
should so state in the Bid. If in the Letter of Acceptance, the Employer has not agreed on the
appointment of the Dispute Review Expert, the Dispute Review Expert shall be appointed by the
Council of Indian Roads Congress at the request of either party.
36.2 For works costing above Rs.5 Crore the procedure for arbitration will be as per G.R of Law &
Judiciary Department issued vide Sankirn- 2016/C.R. 20/ Ka-19 dt. 13/10/2016 regarding “
Institutional Arbitration Policy”.
37.0 Corrupt or Fraudulent Practices
37.1 The Employer will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices in competing for the
contract in question and will declare the firm ineligible. either indefinitely or for a stated period of
time, to be awarded a contract with National Highways Authority of India / State PWD and any
other agencies, if it at
any time determines that the firm has engaged in corrupt or fraudulent practices in competing for
the contractor, or in execution.
37.2 Furthermore, Bidders shall be aware of the provision stated in Sub-Clause 23.2 and Sub-
Clause 59.2 of the Conditions of Contract.
34
APPENDIX TO ITB
Clause Reference
With respect to
Section – I.
1 Name of the Employer is- Executive Engineer, Public Works Division [ Cl. 1.1]
Yavatmal
2 The last Five years
2016-2017………………….
2015-2016………………….
2014-2015…………………
2013-2014………………
2012-2013………………..
3 The maximum annual financial turn over The last Five years [Cl. 4.4 A(a)]
amount is -511.00 laklhs (Five coror Eleven lakhs)
4 Value of Similar type of work is Rs-408.13 Lakhs( Four coror eight Lakhs [Cl. 4.4 A(b)]
Thirteen thousand only)
5 Quantities of work are –
Sr.No. Item Quantity
1 TMT Steel Fe 415 166.00 MT [Cl. 4.4 A ( c )]
2 Cement Concrete M-20 & above 1132.00 Cum
3 Brick Work 792.00 Cum.
4 Tiles / dado/ Flooring,Granite 3475.00 Sqm.

flooring/
5 Water Proofing treatment. 1068.00 Sqm
6 The cost of electric work is Rs. NIL (In Words) [Cl. 4.5 A(d)]
7 The cost of water supply/ sanitory work is Rs.50.89 lakhs.. [Cl. 4.5 A( e )]
8 Liquid assets and/or availability of credit facilities is Rs. 136.00 lakhs [Cl. 4.5 B ( c )]
9 Price level of the financial year 2017-18. [Cl. 4.7]
10 The Pre-bid meeting will take place at ………………. (address of the venue) [Cl. 9.2.1]
on………………… (time and date) As per NIT
11 The technical bid will be opened online at the Office of the ----As per NIT
12 Address of the Employer- Executive Engineer, Public Works Division

Yavatmal

35
13 Identification : [Cl. 19.2(b)]
Bid for -
Bid Reference : No..
Do not open before .............. As per NIT
14 The bid should be submitted latest by ................(date and time)As per NIT [Cl. 20.1]
15 The Financial bid will be opened at ---- As per NIT [Cl. 23.1]
16 The Bank Guarantee / Draft in favour of Executive Engineer, Public Works [Cl. 34.1]
Division Yavatmal payable at Yavatmal
17 The name of Dispute Review Expert is ............ [Cl. 36.1]
18 Escalation factors (for the cost of works executed and financial figure to a
common base value for works completed)
Year before Multiply factor
One 1.10
Two 1.21
Three 1.33
Four 1.46
Five 1.61

36
ANNEXURE-I
List of Key Plant & Equipment to be deployed on Contract Work
(Reerence CI.4.4 (B) (a))
(a) Each bidder should further demonstrate: Availability of the following key equipment for this
work Not older than 15 years)
Sr Name of the equipment Quantity Own / Hire /

No. Lease/Undertaking
1 Modern Batch Type Concrete Ready Mix 1 Own

Plant of minimum capacity 15 Cum/Hr.
of any standard company..
2 Centering plates with M.S. telescopic 200 Sqm Own / Hire
props and acrospan
3 Vibratory needle 40mm/60mm. 2 Own / Hire
4 Plate Vibrator. 3 Own / Hire
5 Water Tanker 1 Own / Hire
6 Generator 3 KV. 1 Own / Hire
7 Total Station / Thedorite / Autolevel. 1 Own / Hire
1) The life of new machinery will be considered as 15 years from the date of purchase.
2) There will no need of checking by SE (Mechanical) for first 6 years.
3) After 6th year, the machinery checked and certified for its fitness by SE
Mechanical/ACE (Mechanical) every 3rd year till the 15th year.
After 15th year, the contractor will get the machiery certified every year from SE/ACE
(Mechanical) and produce the certificate of fitness. The certificate will be required for
machinery where the registration certificate is not issued by RTO.
Based on the studies, carried out by the Engineer the minimum suggested major
equipment to attain the completion of works in accordance with the prescribed
construction schedule are shown in the Annexure-I.
Note : 1.RMC Plant of 15 cum/hr capacity shall be owned by the tenderer. The location
of the above stated RMC plant of 15 cum/hr shall be within 25 kilometers from the work
site. The tenderer should give details of current location of Concrete Ready Mix Plant
along with proof of ownership in Envelope No.1.
Note : 2. The condition for deployment of above stated Concrete Plant shall be as
follows.
A) If above stated Concrete Ready Mix Plant required is owned by tenderer but it is not
not located within 25 Km from work site OR If above stated Concrete Ready Mix Plant
required is not owned by contractor at the time of tendering then condition for
deployment of Concrete Ready Mix Plant are as bellow.
i) Contractor shall deploy above stated Concrete Ready Mix Plant within 30 days
from the date of issue of work order.

37
ii) If above stated Concrete Ready Mix Plant required is owned by tenderer but it is
not not located within 25 Km from work site then For that bidder shall upload the scan
copy of additional security of Rs.5.00 Lakh (Rs.five lakh only) as specified below and he
shall give trial run on or before 30th day from the date of issue of work order. The
original copy of FDR of additional security shall be submitted by the lowest bidder
alongwith initial security deposit at the time of issue of work order. Proof of ownership
shall be submitted in Envelope No.1.
ii) If the contractor want to purchase New Concrete Ready Mix Plant as mentioned
above he should submit necessary firm purchase order placed with manufacturer of
reputed company in envelope No.1, with proof of receipt of advance payment not less
than 25 % of the cost of Concrete Ready Mix Plant indicated in the proforma invoice. For
that bidder shall upload the scan copy of additional security of Rs.5.00 Lakh (Rs.five lakh
only) as specified below and he shall give trial run on or before 30th day from the date of
issue of work order. The original copy of FDR of additional security shall be submitted
by the lowest bidder alongwith initial security deposit at the time of issue of work order.
iii) In envelope No.1 the bidder shall upload the scan copy of an additional security
of Rs.5.00 Lakh (Rs.Five Lakh) in form of FDR drawn in the name of Executive Engineer
P.W.Division Yavatmal, payable at Yavatmal. If contractor fails to give trial run of
Concrete Ready Mix Plant on or before 30th day from the date of issue of the said work
order, his above said additional security of Rs.5.00 lakh shall be encashed without any
notice to the contractor without considering any force major and shall be credit to
Governmant Revenue by the Engineer incharge immediately on 31st day.
iv) Encashment of additional security deposit as mentioned above shall not absolve
the contractor from responsibility of installing the above said Concrete Ready Mix Plant
which is required for RCC work.
v) No extension of the time limit shall be granted at any level for giving trial run
after 31st day from the date of issue of work order.
vi) If the tenderer intends to purchase old Concrete Ready Mix Plant then he should
submit proof of purchase of original owner along with the Tax invoice and Sale Deed
duly registred with the approapriate authority. Such tenderer shall also furnish
additional performance security of Rs.5.00 lakhs in the form of FDR in the name of the
said Executive Engineer, payable at his office headquarter. for the trail run and
commissioning of the Concrete Ready Mix Plant.
Note : 3 In case of own Concrete Ready Mix Plant, located in 25 Km from work site, the
bidder need not submit the additional security deposit for trial run.
NOTE- In case bidder intend to hire the machinery for this work as indicated above in
4.5 B, then
i) Scanned copy of proof of ownership / hired attached herewith shall be
produced.
ii) Scanned copy of Hire Agreement in the format attached herewith under the Heading
"Articles of Agreement" executed on appropriate stamp paper for procuring on hire from
another agency, who owns this machinery if the contractor does not own himself this
machinery. (Scanned copy of proof of ownership/ Hire i.e. invoices, shall have to be
attached along with the legal agreement for hiring.)
The bidders should, however, undertake their own studies and furnish with their bid, a
detailed construction planning and methodology supported with layout and necessary
drawings and calculations (detailed) as stated in clause 4.3 above to allow the employer
to review their proposals. The numbers, types and capacities of each plant/equipment
shall be shown in the proposals along with the cycle time for each operation for the given
production capacity to match the requirements.

38
The bidders should, however, undertake their own studies and furnish with their bid, a
detailed construction planning and methodology supported with layout and necessary
drawings and calculations (detailed) as stated in clause 4.2 above to allow the employer
to review their proposals. The numbers, types and capacities of each plant/equipment
shall be shown in the proposals along with the cycle time for each operation for the given
production capacity to match the requirements.

39
ANNEXURE-II
List of Key Personnel to be deployed on Contract Work [Reference Cl. 4.5 (B) (b)]
Sr. Personnel Qualification Contract Package Size
No.
Upto Rs.30 Above Rs.30 & Rs.50 Crores
Crores upto 50 Crores and above
1 Site Engineer B.E. Civil + 10 Years Exp. 1 No. 2 No. 4 No.
2 Project Manger B.E. Civil. + 10 Years Exp. 1 No. 1 No. 2 No.
3 Soil & Material B.E. Civil + 10 years Exp. 1 No. 1 No. 2 No.
Engineer
Total 3 7 13
Note:- The above list is indicative. The number of personnel may be modified and experience shall be
specified by DTP approving authority (Viz. Buildings / Bridges / Roads)

40
SECTION 2
QUALIFICATION INFORMATION

41
SECTION – 2
QUALIFICATION INFORMATION
The information to be filled in by the bidder in the following pages will be used for purposes of post qualification as
provided for in clause 4 of the Instructions to bidders. This information will not be incorporated in the contract
1. For Individual Bidders

1.1 Constitution or legal status of Bidder
(Attach Copy)
Place of registration: ----------------------------------
Principal place of business: ----------------------------------
Power of attorney of signatory of bid
(Attach)
1.2 Total value of civil Engineering
1.3 Construction work performed in the last Five years ** β

(Rs. in Crore)
2016-2017 -----------
2015-2016 -----------
2014-2015 -----------
2013-2014 -----------
2012-2013 -----------
1.3.1Work performed as prime contractor, work performed in the past as a nominated
sub-contractor will also be considered provided the Sub-contract involved execution of
all main items of work described in the bid document, provided further that all other
qualification criteria are satisfied (in the same name) on works of a similar nature over
the last Three/five years **
Proje Name of Descripti Contrac Value Date Stipulate Actual Remarks
ct the on of t No. of of d period date of explainin
Name Employ work Contrac Issue of completi g reasons
er* t (Rs. of completi on* for delay
Crore) work on & work
order complete
d
* Attach certificate(s) from the Engineer(s)-in-charge.

** Immediately preceding the financial year in which bid are received.
βAttach certificate(s) from Chartered Accountant.
Contractor No of correction Execurive Engineer

42
1.4 Information on Bid capacity (works for which bids have been submitted and
works which are yet to be completed) as on the date of this bid.
(A) Existing commitments and on-going works :
Descrip place & Contract Name & Value of stipulate Value of Anticipat
tion of State No. Address Contract d period works* ed date of
work of (Rs. Cr.) of remaining completio
employer completi to be n.
on completed
(Rs. Cr.)
1 2 3 4 5 6 7 8
* Attach certificate(s) from the Engineer(s)-in-charge.

@ The item of works for which data is requested should tally with that specified in ITB
clause 4.5A(C).
** Immediately preceding the financial year in which bid are received.
The list is indicative and may be suitably modified by the DTP approving authority suiting to the
requirements of work (Viz. Buildings/ Bridges/ Roads)
(B) Works for which bids already submitted:
Description Place & Name & Estimated value Stipulated Date when Remarks,
of works State Address of of works period of decision is if any
Employer (Rs Cr) completion expected
1 2 3 4 5 6 7

43
1.5. Availability of key items of Contractor's Equipment essential for carrying out the Works
[Ref. Clause 4.5(B)(a)]. The Bidder should list all the information requested below. Refer also to
Sub Clause 4.3 (d) of the Instructions to Bidders.
Item of Requirement Availability proposals Remarks
Equipment No. Capacity Owned/Leased Nos./Capacity Agel (from whom
to be procured Condition to be
purchased)
1.6. Qualifications and experience of key personnel required for administration and
execution of the Contract [Ref. Clause 4.5(B)(b)]. Attach biographical data. Refer also to Sub
Clause 4.3(e) of instructions to Bidders and Sub Clause 9.1 of the Conditions of Contract.
Position Name Qualification Year of Experience Years of experience in the
(General) proposed position
Project Manager
Etc
1.7. Proposed sub-contracts and firms involved. [Refer ITB Clause 4.3 (k)]
Sanctions of the Value of Sub-contract Sub-contractor Experience in similar work

works
(Name & Address)

44
Attach copies of certificates on possession of valid license for executing water supply / sanitary
work / building electrification works [Reference Clause 4.5(d) & Clause 4.5 (e)]
*1.8. Financial reports for the last Three / five years: balance sheets, profit and loss
statements, auditors' reports (in case of companies/corporation), etc. List them below and attach
copies.
1.9 Evidence of access to financial resources to meet the qualification requirements: cash in
hand, lines of credit. etc. List them below and attach copies of support documents.
1.10 Name, address, and telephone, telex, and fax numbers of the Bidders' bankers who may
provide references if contacted by the Employer.
1.11 Information on litigation history in which the Bidder is involved.
Other Party (ies) Employer Cause of Dispute Amount involved Remarks showing Present Status
1.12 Statement of compliance under the requirements of Sub Clause 3.2 of the instructions to
Bidders. (Name of Consultant engaged for project preparation is**.................................. )
------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------
1.13 Proposed work method and schedule. The Bidder should attach descriptions, drawings and
charts as necessary to comply with the requirements of the Bidding documents. [Refer ITB
Clause 4.1 & 4.3 (I)]
1.14 Programme
Quality Assurance Programme

2.0. Deleted
3.0 Additional Requirements
3.1 Bidders should provide any additional information required to fulfill the requirements
of Clause 4 of the Instructions to the Bidders, if applicable.
(i) Affidavit
(ii) Undertaking
(iii) Update of original prequalification application
(iv) Copy of original prequalification application
(v) Copy of prequalification letter

45
SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY
OF CREDIT FACILITIES
(CLAUSE 4.2 (i) OF ITB)
BANK CERTIFICATE
This is to certify that M/s. ____________________________ is a reputed company with a
good financial standing.
If the contract for the work, namely ____________________________ is awarded to the
above firm, we shall be able to provide overdraft/credit facilities to the extent of Rs
________________________ to meet their working capital requirements for executing the
above contact during the contract period.
___________________________
(Signature)
Name of Bank
Senior Bank Manager

Address of the Bank
(Not required for works costing less than Rs. 5 Crores)

46
AFFIDAVIT
I, the undersigned, do hereby certify that all the statements made in the required
attachments are true and correct.
The undersigned also hereby certifies that neither our firm
M/s--------------------------------------- have abandonedany work on

Building/Bridges/Roads etc. nor any contract awarded to us for such works have been
rescinded, during last five years prior to the date of this bid.
3. The undersigned hereby authorize (s) and request(s) any bank, person, firm or
corporation to furnish pertinent information deemed necessary and requested by the
Department to verify this statement or regarding my (our) competence and general
reputation.
4. The undersigned understand and agrees that further qualifying information may
be requested, and agrees to furnish any such information at the request of the
Department, Project implementing agency.
---------------------------------------------------
(Signed by an Authorised Officer of the Firm) -------------------------------
Title of Officer ---------------------
Name of Firm ---------------------
DATE

47
UNDERTAKING
I, the undersigned do hereby undertake that our firm M/s -----------------------------------

--------would invest a minimum cash up to 25% of the work during implementation of the
Contract.
-----------------------------------------
(Signed by an Authorized Officer of the Firm) ---------------------
Title of Officer -------------------
Name of Firm --------------------
DATE

48
ARTICLES OF AGREEMENT
( This document should be on Stamp Paper of Rs. 100/- )
This Agreement of Hire of Machinery made and executed at on this, the

day of the month of 200 .
BETWEEN :
1) Shri. / M/s
A Sole Trading concern Pvt. Ltd. Co. / Public Ltd. Co. / Partnership Firm registered under the provisions
of respective Acts in force and having his /their Office situated.
Who is a ,
i) Sole Proprietor of the above mentioned concern. ii) Partner of the above mentioned
partnership firm.
ii) Holder of power attorney of the above mentioned firm, Executive Director or Manager of the
above mentioned Company as approved by the present Board of Director of the above
mentioned Company.
Hereinafter for the sake of brevity referred to as " The Owner " ( which expression shall,
unless it be repugnant to the meaning of context thereof, mean and included the firm of all partners of the
Firm, the company at material time and their successors).
Party of the First Part
AND
2) Shri. / M/s
A Sole Trading concern Pvt. Ltd. Co. / Public Ltd. Co. / Partnership Firm registered under the
provisions of respective Acts in force and registered Government contractors registered in appropriate
Class with Government of Maharashtra Having his/ their office situated at _____________________
and managed by Shri . ________________________________ who is a
i) Sole Proprietor of the above mentioned concern.
ii) Partner of the above mentioned partnership firm.
iii) Holder of power attorney of the above mentioned firm, Executive Director or Manager of the
above mentioned Company.
Hereinafter for the sake of brevity referred to as " The Hirer "(which expression shall,
unless it be repugnant to the meaning of context thereof, mean and included the firm of all partners of the
Firm, the company at material time and their successors).
(This is a Model form of Agreement,the Tenderer shall upload this document if Applicable for the
tender)
Party of the Second Part
Where in the party of the first part herein is an absolute owner of the _________
________________ Name of Machine/s
And substantiate or establish it the documentary evidence in token of voucher enclosed. Whereas party
of the second part herein is a registered Government Contractors as stated in appropriate Class with Government
of Maharashtra.
AND wherea s the party of the second part is or is likely to submit the tender for ______ Executive
Engineer / Superintending Engineer, ________________________________________

49
AND WHERE AS the party of the second part intends to use the machinery of the said work as is being
stipulated by the Department and desirous of taking the one
/s on the monthly hire charges basis.
AND WHERE AS the party of the first part , is desirous of giving machinery on hire charges basis to the
party of second part.
AND WHERE AS to these presents are desirous of recording the terms and of the agreement , reduce the
same to writing.
Now therefore, this articles of agreement witnessed as under : One /s to be hired.

It is hereby agreed between the parties to these presents that
________________________________________________________________________________
Name of the Machine/s
Of the second part has agreed to pay an amount of Rs. ______________ to the party of the first part on
account of monthly wages of the machine/s as detailed below at the end of each month.
The party of Second part shall also pay an amount of Rs. ________________ as interest deposit to the
party of the first part at the time of intimation in writing. This deposit ____________
_________________________ shall either be refunded by the first part to the party of the second part or shall be
adjusted in the final of the hire charges of the machine/s.
Name of Machine Monthly rate of hire charges.
2) Date of Hire :
It is hereby expressly declared by the parties to the presents that the machine /s shall be hired on and
from the date of commencement of the work being awarded or that would be awarded by the Executive
Engineer, to the party of the second part herein.
3. It is hereby agreed by and between the parties to these presents that instant agreement shall remain in
force from the date of hire as specified in Clause -2 above to the date of either completion of the work in
question or six months from the date of hire whichever period expires later.
4. Possession :
The party of the first part has agreed to deliver the possession of the machine is that would be hired
as described in Clause one above in good working condition along with its operational crew and all the
necessary accessories of the machine / s being hired to the party of the second part within eight days from the
date of intimation in writing given by the party of the second part to the party of the first part.
5. Mode of payment :
Monthly hire charges of the machine /s as specified in Clause one above shall be paid by the party
of the second part as on the last day of each month by issuing a crossed Account Payee Cheque or Crossed
Account Payee Demand Draft.
6. Repairs and Maintenance :
It is hereby agreed by the party of the first part that it shall bear all day to day expenses of the
machine /s on account of fuel, oil and lubricants, operations, maintenance and repair charges during the
currency of the period for which machine/s let out on hire charges to the party of the second part. It is
further agreed that if the party of the second part spends on the operations, repairs and maintenance for the
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machine /s hired by it, the party of the second part has every right to deduct the said amount from the
monthly hire charges payable to the party of the first part.
7. The party of the first part shall always keep the machine /s in good working conditions that are given
on hire charges basis to the party of the second part. It is further agreed that the day spend on repairs
and maintenance shall be excluded for the purpose of calculating the monthly hire charges.
8. The party of the second part shall have right to deduct the Income Tax at source at the
prescribed rate of the provisions of Income Tax Act as ordered by the Government of India, are
applicable.
In Testimony where of the parties to these present have set and subscribed their respective
signatures on the day, month and year herein above written.
Party of the First Part Party of the Second Part
Signed Executed Signed Executed

and delivered for and on and delivered for and on behalf of behalf of
In the presence of :
AFFIRMED AND EXECUTED
BEFORE ME NOTARY
1. ______________________
2. ______________________

51
SECTION 3
CONDITIONS OF CONTRACT

52
Conditions of Contract
Table of Contents
Page No. Page No.
A. General C. Quality Control
1. Definitions 33. Identifying Defects
2. Interpretation 34. Tests
3. Language and Law 35. Correction of Defects
4. Engineer’s Decision 36. Defects
5. Delegation
6. Communications D. Cost Control
7. Sub-contracting 37. Bill of Quantities
8. Other Contractors 38. Changes in Quantities
9. Personnel 39. Variations
Employer’s & Contractor’s

10. 40. Payments for Variations
risk
11. Employer’s Risks 41. Cash Flow forecasts
12. Contractor’s Risks 42. Payment Certificates
13. Insurance 43. Payments
14. Site Investigation Reports 44. Compensation Events
Queries about the Contract

15. 45. Tax
Data
Contractor to Construct the

16. 46. Currencies
Works
The works to be completed
17. by the Intended 47. Price Adjustment
Completion Date
48. Retention
18. Approval by the Engineer 49. Liquidated Damages
19. Safety 50. Bonus

53
20. Discoveries 51. Advance Payment
21. Possession of the Site 52. Securities
22. Access to the Site 53. Deleted
23. Instructions 54. Cost of Repairs
24. Disputes
25. Procedure for Disputes E. Finishing the Contract
Replacement of Dispute 55. Completion

26.
Review Expert
56. Taking Over
57. Final Account
B. Time Control 58. Operating and Maintenance
27. Programme Manuals
28. Extension of the Intended 59. Termination
Completion Date 60. Payment upon Termination
29. Deleted 61. Property
Delays Ordered by the 62. Release from Performance

30.
Engineer
F. Special Conditions of
31. Management Meetings
Contract

54
CONDITIONS OF CONTRACT
A. GENERAL
1. Definitions
1.1 Terms which are defined in the Contract Data are not also defined in the Conditions of
Contract but keep their defined meanings. Capital initials are used to identify defined terms.
The Adjudicator (synonymous with Institutional Arbitration Policy ) is the person appointed jointly
by the Employer and the Contractor to resolve disputes in the first instance, as provided for in
Clauses 24 and 25. The name of the Adjudicator is defined in the Contract Data.
Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.
Compensation Events are those defined in Clause 44 hereunder.
The Completion Date is the date of completion of the Works as certified by the Engineer in
accordance with Sub Clause 55.1.
The Contract is the contract between the Employer and the Contractor to execute, complete and
maintain the Works. It consists of the documents listed in Clause 2.3 below.
The Contract Data defines the documents and other information which comprise the Contract.
The Contractor is a person or corporate body whose Bid to carry out the Works has been accepted by
the Employer.
The Contractor's Bid is the completed Bidding document submitted by the Contractor to the
Employer and includes Technical and Financial bids.
The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in
accordance with the provisions of the Contract.
Days are calendar days; months are calendar months.
A Defect is any part of the Works not completed in accordance with the Contract.
The Defects Liability Period is the period named in the Contract Data and calculated from the
Completion Date.
The Employer is the party who will employ the Contractor to carry out the, Works.
The Engineer is the person named in the Contract Data (or any other competent person appointed
and notified to the contractor to act in replacement of the Engineer) who is responsible for supervising
the Contractor, administering the Contract, certifying payments due to the Contractor, issuing and
valuing Variations to the Contract, awarding extensions of time, and valuing the Compensation
Events.
Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to construct the
Works.

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The Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.
The Intended Completion Date is the date on which it is intended that the Contractor shall complete
the Works. The Intended Completion Date is specified in the Contract Data. The Intended Completion
Date may be revised only by the Engineer by issuing an extension of time.
Materials are all supplies, including consumables, used by the contractor for incorporation in the
Works.
Plant is any integral part of the Works which is to have a mechanical, electrical, electronic or chemical
or biological function.
The Site is the area defined as such in the Contract Data.
Site Investigation Reports are those which were included in the Bidding documents and are factual
interpretative reports about the surface and sub-surface conditions at the site.
Specification means the Specification of the Works included in the Contract and any modification or
addition made or approved by the Engineer.
The Start Date is given in the Contract Data. It is the date when the Contractor shall commence
execution of the works. It does not necessarily coincide with any of the Site Possession Dates.
A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry out a
part of the work in the Contract which includes work on the Site.
Temporary Works are works designed, constructed, installed, and removed by the Contractor which
are needed for construction or installation of the Works.
A Variation is an instruction given by the Engineer, which varies the Works.
The Works are what the Contract requires the Contractor to construct, install, and turn over to the
Employer, as defined in the Contract Data.
2.0 Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also means female
or neuter, and the other way around. Headings have no significance. Words have their normal
meaning under the language of the Contract unless specifically defined. The Engineer will provide
instructions clarifying queries about the Conditions of Contract.
If sectional completion is specified in the Contract Data, references in theConditions of

Contract to the Works, the Completion Date, and the Intended Completion.
Date apply to any Section of the Works (other than references to the Completion Date and Intended
Completion date for the whole of the Works).
2.3. The documents forming the Contract shall be interpreted in the following order of priority:
(1) Agreement
(2) Letter of Acceptance, notice to proceed with the works
(3) Contractor's Bid

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(4) Contract Data
(5) Conditions of Contract including Special Conditions of Contract
(6) Specifications
(7) Drawings
(8) Bill of quantities and
(9) any other document listed in the Contract Data as forming part of the Contract.
3.0 Language and Law
3.1 The language of the Contract and the law governing the Contract are stated in the
ContractData.
4.0 Engineer's Decisions
4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters
between the Employer and the Contractor in the role representing the Employer.
5.0 Delegation
5.1 The Engineer may delegate any of his duties and responsibilities to other people except tothe
Adjudicator after notifying the Contractor and may cancel any delegation afternotifyingthe
Contractor.
6.0 Communications
6.1 Communications between parties which are referred to in the conditions are effective
onlywhen in writing. A notice shall be effective only when it is delivered (in terms of Indian Contract
Act).
7.0 Sub-contracting
7.1 The Contractor may sub-contract any portion of work, upto a limit specified in Contract Data,
with the approval of the Engineer but may not assign the Contract without the approval of the
Employer in writing. Sub-contracting does not alter the Contractor's obligations.
8.0 Other Contractors
The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities,
and the Employer between the dates given in the Schedule of otherContractors. The Contractor shall
as referred to in the Contract Data, also provide facilities and services for them as described in the
Schedule. The employer may modify the schedule of other contractors and shall notify the contractor
of any such modification.

57
9.0 Personnel
9.1 The Contractor shall employ the key personnel named in the Schedule of KeyPersonnel as
referred to in the Contract Data to carry out the functions stated in the Schedule or other personnel
approved by the Engineer. The Engineer will approve any proposed replacement of key personnel
only if their qualifications, abilities, and relevant experience are substantially equal to or better than
those of the personnel listed in the Schedule.
9.2. If the Engineer asks the Contractor to remove a person who is a member of the Contractor's
staff or his work force stating the reasons the Contractor shall ensure that the person leaves the Site
within seven days and has no further connection with the work in the Contract.
10.0 Employer's and Contractor's Risks
The Employer carries the risks which this Contract states are Employer's risks, and the Contractor
carries the risks which this Contract states are Contractor's risks.
11.0 Employer's Risks
11.1 The Employer is responsible for the excepted risks which are (a) in so far as they directly
affect the execution of the Works in India, the risks of war, hostilities, invasion, act of foreign enemies,
rebellion, revolution, insurrection or military or usurped power, civil war, riot commotion or disorder
(unless restricted to the Contractor's employees), and contamination from any nuclear fuel or nuclear
waste or radioactive toxic explosive, or (b) a cause due solely to the design of the Works, other than
the Contractor's design.
12.0 Contractor's Risks
All risks of loss of or damage to physical property and of personal injury and death which arise
during and in consequence of the performance of the Contract other than the excepted risks are the
responsibility of the Contractor.
13.0 Insurance
13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor,
insurance cover from the Start Date to the end of the Contract Period, in the amounts and deductibles
stated in the Contract Data for the following events which are due to the Contractor's risks:
(a) loss of or damage to the Works, Plant and Materials;
(b) loss of or damage to Equipment:
(c) loss of or damage of property (except the Works, Plant, Materials and Equipment) in connection
with the Contract; and
(d) personal injury or death.
13.2 Policies and certificates for insurance shall be delivered by the Contractor to the Engineer for
the Engineer's approval before the Start Date. All such insurance shall provide for compensation to be
payable in the types and proportions of currencies required to rectify the loss or damage incurred.

58
13.3 If the Contractor does not provide any of the policies and certificates required, the Employer
may effect the insurance which the Contractor should have provided and recover the premiums the
Employer has paid from payments otherwise due to the Contractor or, if no payment is due, the
payment of the premiums shall be a debt due.
13.4 Alterations to the terms of an insurance shall not be made without the approval of the
Engineer.
Both parties shall comply with any conditions of the insurance policies.
14.0 Site Investigation Reports

The Contractor, in preparing the Bid, shall rely on any site Investigation Reports referred to in the
Contract Data, supplemented by any information available to the Bidder.
15.0 Queries about the Contract Data
15.1 The Engineer will clarify queries on the Contract Data.
16.0 Contractor to Construct the Works
16.1 The Contractor shall construct and install the Works in accordance with the Specification and
Drawings.
17.0 The Works to be Completed by the Intended Completion Date
17.1 The Contractor may commence execution of the Works on the Start Date and shall carry out
the Works in accordance with the program submitted by the Contractor, as updated with the
approval of the Engineer, and complete them by the Intended Completion Date.
18.0 Approval by the Engineer
18.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary
Works to the Engineer, who is to approve them if they comply with the Specifications and Drawings.
18.2 The Contractor shall be responsible for design of Temporary Works.
18.3 The Engineer's approval shall not alter the Contractor's responsibility for design of the
Temporary Works.
18.4 The Contractor shall obtain approval of third parties to the design of the Temporary Works
where required.
18.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent
Works, are subject to prior approval by the Engineer before their use.
19.0 Safety
19.1 The Contractor shall be responsible for the safety of all activities on the Site.
20.0 Discoveries
20.1. Anything of historical or other interest or of significant value unexpectedly discovered on the
Site is the property of the Employer. The Contractor is to notify the Engineer of such discoveries and
carry out the Engineer's instructions for dealing with them.
21.0 Possession of the Site
21.1 The Employer shall give possession of all parts of the Site to the Contractor. If possession of a
part is not given by the date stated in the Contract Data the Employer is deemed to have delayed the
start of the relevant activities and this will be Compensation Event.
22.0 Access to the Site

59
22.1 The Contractor shall allow the Engineer and any person authorized by the Engineer access to
the Site, to any place where work in connection with the Contract is being carried out or is intended to
be carried out and to any place where materials or plant are being manufactured / fabricated /
assembled for the works.
23.0 Instructions
23.1 The Contractor shall carry out all instructions of the Engineer pertaining to works which
comply with the applicable laws where the Site is located.
23.2 The Contractor shall permit the Employer to inspect the Contractor's accounts and records
relating to the performance of the Contractor and to have them audited by auditors appointed by the
Employer, if so required by the Employer.
24.0 Disputes
24.1 If the Contractor believes that a decision taken by the Engineer was either outside the
authority given to the Engineer by the Contract or that the decision was wrongly taken, the decision
shall be referred to the Dispute Review Expert within 14 days of the notification of the Engineer's
decision.
25.0 Procedure of Disputes
Appendix] be appointed as Dispute Review Expert under the Contract, at a daily fee as indicated in
Appendix plus reimbursable expenses. If the Bidder disagrees with this proposal, the Bidder should
so state in the Bid. If in the Letter of Acceptance, the Employer has not agreed on the appointment of
the Dispute Review Expert, the Dispute Review Expert shall be appointed by the Council of Indian
Roads Congress at the request of either party.
25.2 For works costing above Rs.5 Crore the procedure for arbitration will be as per G.R of Law &
Judiciary Department issued vide Sankirn- 2016/C.R. 20/ Ka-19 dt. 13/10/2016 regarding “
Institutional Arbitration Policy”.
26.0 Replacement of Dispute Review Expert
26.1 Should the Dispute Review Expert resign or die, or should the Employer and the Contractor
agree that the Dispute Review Expert is not fulfilling his functions in accordance with the provisions
of the Contract, a new Dispute Review Expert will be jointly appointed by the Employer and the
Contractor. In case of disagreement between the Employer and (he Contractor, within 30 days, the
Dispute Review Expert shall be designated by the Appointing Authority designated in the Contract
Data at the request of either party, within 14 days of receipt of such request.

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B. TIME CONTROL
27.0 Programme
27.1 Within the time stated in the Contract Data the Contractor shall submit to the Engineer for
approval a Programme showing the general methods, arrangements, order, and timing for all the
activities in the Works along with monthly cash flow forecast.
27.2 An update of the Programme shall be a programme showing the actual progress achieved on
each activity and the effect of the progress achieved on the timing of the remaining work including
any changes to the sequence of the activities.
27.3 The Contractor shall submitted the Engineer, for approval, an updated Programme at
intervals no longer than the period stated in the Contract Data. If the Contractor does not submit an
updated Programme within this period, the Engineer may withhold the amount stated in the Contract
Data from the next payment certificate and continue to withhold this amount until the next payment
after the date on which the overdue Programme has been submitted.
27.4. The Engineer's approval of the Programme shall not alter the Contractor's obligations. The
Contractor may revise the Programme and submit it to the Engineer again at any time. A revised
Programme is to show the effect of Variations and Compensation Events.
28.0 Extension of the Intended Completion Date
28.1 The Engineer shall extend the Intended Completion Date if a Compensation Event occurs or a
Variation is issued which makes it impossible for Completion to be achieved by the Intended
Completion Date without the Contractor taking steps to accelerate the remaining work and which
would cause the Contractor to incur additional cost.
28.2 The Engineer shall decide whether and by how much to extend the Intended Completion
Date within 35 days of the Contractor asking the Engineer for a decision upon the effect of a
Compensation Event or Variation and submitting full supporting information.
If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a
delay, the delay by this failure shall not be considered in assessing the new Intended Completion
Date.
28.3 The Engineer shall within 14 days of receiving full justification from the contractor for
extension of Intended Completion Date refer to the Employer his decision. The Employer shall in not
more than 21 days communicate to the Engineer the acceptance or otherwise of the Engineer's
decision. If the Employer fails to give his acceptance, the Engineer shall not grant the extension and
the contractor may refer the matter to the Dispute Review Expert under Clause 24.1.

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29.0 Deleted
30.0 Delays Ordered by the Engineer
30.1 The Engineer may instruct the Contractor to delay the start or progress of any activity within
the Works.
31.0 Management Meetings
31.1 Either the Engineer or the Contractor may require the other to attend a management meeting.
The business of a management meeting shall be to review the plans for remaining work and to deal
with matters raised in accordance with the early warning procedure.
31.2 The Engineer shall record the business of management meetings and is to provide copies of
his record to those attending the meeting and to the Employer. The responsibility of the parties for
actions to be taken is to be decided by the Engineer either at the management meeting or after the
management meeting and stated in writing to all who attended the meeting.
32.0 Early Warning
32.1 The Contractor is to warn the Engineer at the earliest opportunity of specific likely future
events or circumstances that may adversely affect the quality of the work, increase the Contract Price
or delay the execution of works. The Engineer may require the Contractor to provide an estimate of
the expected effect of the future event or circumstance on the Contract Price and Completion Date.
The estimate is to be provided by the Contractor as soon as reasonably possible.
32.2 The Contractor shall cooperate with the Engineer in making and considering proposals for
how the effect of such an event or circumstance can be avoided or reduced by anyone involved in the
work and in carrying out any resulting instruction of the Engineer.

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C. QUALITY CONTROL
33.0 Identifying Defects
33.1 The Engineer shall check the Contractor's work and notify the Contractor of any
Defects that are found. Such checking shall not affect the Contractor's responsibilities. The
Engineer may instruct the Contractor to search for a Defect and to uncover and test anywork
that the Engineer considers may have a Defect.
34.0 Tests
If the Engineer instructs the Contractor to carry out a test not specified in the Specification to
check whether any work has a Defect and the test shows that it does, the Contractor shall pay
for the test and any samples. If there is no Defect the test shall be aCompensation Event.
35.0 Correction of Defects
35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the
Defects Liability Period, which begins at Completion and is defined in the Contract Data. The
Defects Liability Period shall be extended for as long as Defects remain to becorrected.
35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect
within the length of time specified by the Engineer's notice.
36.0 Uncorrected Defects
If the Contractor has not corrected a Defect within the time specified in the Engineer's notice,
the Engineer will assess the cost of having the Defect corrected, and the Contractor will pay
thisamount.
D. COST CONTROL
37.0 Bill of Quantities
37.1 The Bill of Quantities shall contain items for the construction, installation, testing, and
commissioning work to be done by the Contractor.
37.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for
the quantity of the work done at the rate in the Bill of Quantities for each item.
38.0 Deleted
38.1 Deleted
38.2Deleted
38.3 Deleted.
39.0 Excesses quantity shall be executed only after permission of the authority granting
Administrative Approval to the work. It shall be paid at tender rate only.
40.0 Deleted
41.0 Cash Flow Forecasts

63
41.1 When the Programme is updated, the contractor is to provide the Engineer with an
updated cash flow forecast.
42.0 Payment Certificates
42.1 The Contractor shall submit to the Engineer monthly statements of the estimated
value of the work completed less the cumulative amount certified previously.
42.2. The Engineer shall check the Contractor's monthly statement within 14 days and
certify the amount to be paid to the Contractor after taking into account any credit or debit for
the month in question in respect of materials for the works in the relevant amounts and under
conditions set forth in sub-clause 51(3) of the Contract Data (Secured Advance).
42.3. The value of work executed shall be determined by the Engineer.
42.4. The value of work executed shall comprise the value of the quantities of the items in
the Bill of Quantities completed.
42.5 The value of work executed shall include the valuation of Variations and Compensation
Events.
42.6. The Engineer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later information.
43.0 Payments
43.1. Payments shall be adjusted for deductions for advance payments, retention, other
recoveries in terms of the contract and taxes at source, as applicable under the law. The bill
shall be paid after due verification and upon availability of budget.
43.2. If an amount certified is increased in a later certificate as a result of an award by the

Adjudicator or an Arbitrator, the Contractor shall be paid interest upon the delayed payment
as set out in this clause. Interest shall be calculated from the date upon which the increased
amount would have been certified in the absence of dispute.
43.3. Items of the Works for which no rate or price has been entered in will not be paid for
by the Employer and shall be deemed covered by other rates and prices in the Contract.
44.0 Compensation Events
44.1 Compensation shall be applicable and only extension may be considered on merits if
not on part of Contractor
44.2 The Contractor shall not be entitled to compensation to the extent that the Employer's
interests are adversely affected by the Contractor not having given early warning or not
having cooperated with the Engineer.
45.0 Tax
45.1 The rates quoted by the Contractor shall be deemed to be inclusive of the sales and
other taxes that the Contractor will have to pay for the performance of this Contract. The
Employer will perform such duties in regard to the deduction of such taxes at source as per
applicable law.
Tenderer shall consider provisions as per CGST ACT 2017 and MGST ACT
2017 and the taxes due to him as per the prevailing rules shall be inclusive
of his Bid Price.
After the enforcement of section 51 of Maharashtra Goods & Services Act

2017, provisional amount CGST & MGST will be deducted at source.

64
46.0 Currencies
46.1 All payments shall be made in Indian Rupees.
47.0 Deleted
48.0 Retention
48.1 The Employer shall retain from each payment due to the Contractor the proportion
stated in the Contract Data until Completion of the whole of the Works.
48.2 On Completion of the whole of the Works total amount retained is repaid to the
Contractor after contract Period has passed and the Engineer has certified that all the works
completed as per specification of contract document.
48.3 On completion of the whole works, the contractor may substitute retention money
with an "on demand" Bank guarantee.
49.0 Liquidated Damages
49.1 The Contractor shall pay liquidated damages to the Employer at the rate per day
stated in the Contract Data for each day that the Completion Date is later than the Intended
Completion Date (for the whole of the works or the milestone as stated in the contract data).
The total amount of liquidated damages shall not exceed the amount defined in the Contract
Data. The Employer may deduct liquidated damages from payments due to the Contractor.
Payment of liquidated damages does not affect the Contractor's liabilities.
49.2 If the Intended Completion Date is extended after liquidated damages have beenpaid,
the Engineer shall correct any overpayment of liquidated damages by the Contractor by
adjusting the next payment certificate. The Contractor shall be paid interest on the over
payment calculated from the date of payment to the date of repayment at the rates specified in
Sub Clause 43.1.
49.3. If the contractor fails to execute various maintenance activities as per time
schedule given in the "Time schedule for Maintenance and Repairs activity for Road" then
the contractor shall pay to the employer the relevant sum stated in the Contract Data as
Liquidated damages for such default and not as penalty for everyday or part of day which
shall elapse between relevant time for completion and the date stated in the taking over
certificate of the whole of the works on the relevant section, subject to the limit stated in the
contract data.c
The employer may, without prejudice to any other method of recovery deduct the amount of
such damages from any monies due or to become due to the contractor. The payment or
deduction of such damages shall not relieve the contractor from his obligation to complete the
works on from any other of his obligations and liabilities under the contract.
49.4. If, before the Time for Completion of the whole of the Works or, if applicable, any
Section, a Taking - Over Certificate has been issued for any part of the Works or of a Section,
the liquidated damages for delay in completion of the remainder of the Works or of that
Section shall, for any period of delay after the date stated in such Taking-Over Certificate, and
65
in the absence of alternative provisions in the Contract, be reduced in the proportion which
the value of the part so certified bears to the value of the whole of the Works or Section, as
applicable. The provisions of this Sub-Clause shall only apply to the rate of liquidated
damages and shall not affect the limit thereof.
50.0 Deleted
51.0 Secured Advance -
The Engineer shall make advance payment in respect of materials intended for but not yet
incorporated in the Works in accordance with conditions stipulated in the Contract Data.
52.0 Securities
52.1 The Performance Security (including additional security for unbalanced bids) shall be
provided to the Employer no later than the date specified in the Letter of Acceptance and shall
be issued in an amount and form and by a bank or surety acceptable to the Employer, and
denominated in Indian Rupees. The Performance Security and additional security for
unbalanced bids shall be valid until a date 28 days from the date of issue of the certificate of
completion.
53.0 Deleted
54.0 Cost of Repairs
54.1 Loss or damage to the Works or Materials to be incorporated in the Works between
the Start Date and the end of the Defects Correction periods shall be remedied by the
Contractor at the Contractor's cost if the loss or damage arises from the Contractor's acts or
omissions.
E. FINISHING THE CONTRACT
55.0 Completion
55.1 The Contractor shall request the Engineer to issue a Certificate of Completion of the
Works and the Engineer will do so upon deciding that the Work is completed.
56.0 Taking Over

66
56.1 The Employer shall take over the Site and the Works within seven days of the
Engineer issuing a certificate of Completion.
57.0 Final Account
57.1. The Contractor shall supplyto the Engineer a detailed account of the total amount that
the Contractor considers payable under the Contract before the end of the Defects Liability
Period. The Engineer shall issue a Defect Liability Certificate and certify any final payment
that is due to the Contractor within 56 days of receiving the Contractor's account if it is correct
and complete. If it is not, the Engineer shall issue within 56 days a schedule that states the
scope of the corrections or additions that are necessary. If the Final Account is still
unsatisfactory after it has been resubmitted, the Engineer shall decide on the amount payable
to the Contractor and issue a payment certificate, within 56 days of receiving the Contractor's
revised account.
58.0 Operating and Maintenance Manuals-
58.1 If "as built" Drawings and/or operating and maintenance manuals are required, the
Contractor shall supply them by the dates stated in the Contract Data.
58.2 If the Contractor does not supply the Drawings and/or manuals by the datesstated in
the Contract Data, or they do not receive the Engineer's approval, the Engineer shall withhold
the amount stated in the Contract Data from payments due to the Contractor.
59.0 Termination
59.1 The Employer or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the Contract.
59.2 Fundamental breaches of Contract include, but shall not be limited to the following:
(a) the Contractor stops work for 15 days when no stoppage of work is shown on the
current Programme and the stoppage has not been authorized by the Engineer;
(b) the Engineer instructs the Contractor to delay the progress of the Works and the
instruction is not withdrawn within 28 days;
(c) the Employer or the Contractor is made bankrupt or goes into liquidation other than
for a reconstruction or amalgamation;

67
(d) a payment certified by the Engineer is not paid by the Employer tothe Contractor
within 56 days of the date of the Engineer's certificate;
(e) the Engineer gives Notice that failure to correct a particular Defect is a fundamental
breach of Contract and the Contractor fails to correct it within a reasonable period of time
determined by the Engineer;
(f) the Contractor does not maintain a security which is required;
(g) the Contractor has delayed the completion of works by the number of days for which
the maximum amount of liquidated damages can be paid as defined in the Contract data; and
(h) if the Contractor, in the judgment of the Employer has engaged in corrupt or
fraudulent practices in competing for or in executing the Contract.
For the purpose of this paragraph: "corrupt practice" means the offering, giving, receiving or
soliciting of any thing of value to influence the action of a public official in the procurement
process or in contract execution. "Fraudulent practice" means a misrepresentation of facts in
order to influence a procurement process or the execution of a contract to the detriment of the
Borrower, and includes collusive practice among Bidders (prior to or after bid submission)
designed to establish bid prices at artificial non-competitive levels and to deprive the
Borrower of the benefits of free and open competition."
59.3 When either party to the Contract gives notice of a breach of contract to the Engineer
for a cause other than those listed under Sub Clause 59.2 above, the Engineer shall decide
whether the breach is fundamental or not.
59.4 Notwithstanding the above, the Employer may terminate the Contract for
convenience.
59.5 If the Contract is terminated the Contractor shall stop work immediately, make the
Site safe and secure and leave the Site, Soon as reasonably possible.
60.0 Payment upon Termination
60.1 If the-Contract is terminated because of a fundamental breach of Contract by

theContractor, the Engineer shall issue a certificate for the value of the work done less
advance payments received up to the date of the issue of the certificate, less other recoveries
due in terms of the contract, less taxes due to be deducted at source as per applicable law and
less the percentage to apply to the work not completed as indicated in the Contract Data.
Additional Liquidated Damages shall not apply. If the total amount due to the Employer
exceeds any payment due to the Contractor the difference shall be a debt payable to the
Employer.
60.2 If the Contract is terminated at the Employer's convenience or because of a

fundamental breach of Contract by the Employer, the Engineer shall issue a certificate for the
value of the work done, the cost of balance material brought by the contractor and available at
site, the reasonable cost of removal of Equipment, repatriation of the Contractor's personnel
employed solely on the Works, and the Contractor's costs of protecting and securing the
Works and less advance payments received up to the date of the certificate, less other
recoveries due in terms of the contract and less taxes due to be deducted at source as per
applicable law.
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61.0 Property
61.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed
to be the property of the Employer, if the Contract is terminated because of a Contractor's
default.
62.0 Release from Performance
If the Contract is frustrated by the outbreak of war or by any other event entirelyoutside the
control of either the Employer or the Contractor the Engineer shall certify that the Contract
has been frustrated. The Contractor shall make the Site safe and stop work as quickly as
possible after receiving this certificate and shall be paid for all work carried out before
receiving it and for any work carried out afterwards to which commitment was made.
F. SPECIAL CONDITIONS OF CONTRACT
1. LABOUR:
The Contractor shall, unless otherwise provided in the Contract, make his ownarrangements
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 oflabour from time to time employed by the Contractor on the
Site and such other information as the Engineer may require.
2. COMPLIANCE WITH LABOUR REGULATIONS:
During continuance of the contract, the Contractor and his sub-contractors shall abide at all
times by all existing labour enactments and rules made there under, regulations, notifications
and bye laws of the State or Central Government or local authority and any other labour law
(including rules), regulations, bye laws that may be passed or notification that may be issued
under any labour law in future either by the State or the Central Government or the local
authority. Salient features of some of the major labour laws that are applicable to construction
industry are given below. The Contractor shall keep the Employer indemnified in case any
action is taken against the Employer by the competent authority on account of contravention
of any of the provisions of any Act or rules made there under, regulations or notifications
including amendments. If the Employer is caused to pay or reimburse, such amounts as may
be necessary to cause or observe, or for non-observance of the provisions stipulated in the
notifications/bye laws/Acts/Rules/regulations including amendments, if any, on the part of
the Contractor, the Engineer/Employer shall have the right to deduct any money due to the
Contractor including his amount of performance security. The Employer/Engineer shall also
have right to recover from the Contractor any sum required or estimated to be required for
making good the loss or damage suffered by the Employer.
The employees of the Contractor and the Sub-Contractor in no case shall be treated as
theemployees of the Employer at any point of time.

69
3) As per the directives laid down by the Government of Maharashtra Department of
Industries, Energy and labour Mantralaya Mumbai GR No BCA -2009/ Case No 108/
Labour –7 A Dt 17.6.2010. Cess @ 1% (One percent) shall be deducted at source, from every
bill of the contractor by the Executive engineer under Building and other construction for
workers welfare, cess act 1996.
4) Insurance of Contract work.
Contractor shall take out necessary Insurance Policy/Policies (Viz contractors all risk
Insurance policy, Erection all risk, Insurance policy etc. as decided by the Directorate of
Insurance) so as to provide adequate insurance cover for execution of the awarded work for
total contract value and complete contract period compulsorily from the, “Directorate of
Insurance, Maharashtra State, Mumbai” only. Its postal address for correspondence is “264,
MHADA, First Floor, Opp. Kalanagar, Bandra (East) Mumbai-400051”. (Telephone Nos.
26590403/26590690 and Fax Nos. 26592461/26590403. Similarly all workmen appointed to
complete the contract work are required to insure under workmen’s compensation insurance
Policy. Insurance Policy/Policies taken out
from any other company will not be accepted. If any Contractor has effected Insurance with
any Insurance Company, the same will not be accepted and the amount of premium
calculated by the Government Insurance Fund will be recovered directly from the amount
payable to the Contractor for the executed contract work and paid to the Directorate of
Insurance Fund Maharashtra State, Mumbai. The Director of Insurance reserves the right to
distribute the risk of insurance among the other resources.
5) Contractor shall submit a certificate to the effect that “All the payments to the
labour/staff are made in bank accounts of staff linked to Unique Identification Number
(AADHAR CARD).” The certificate shall be submitted by the contractor within 60 days from
the commencement of contract. If the time period of contract is less than 60 days then such
certificates shall be submitted within 15 days from the date of commencement of contract.
38. Royalty:- Royalty charges will be recovered from the contractor's bills as pe material
consumption in that bill. Royalty so recovered, will be kept in deposit. Contractors will have
to submit "Royalty Clearance Certificate" from the Revenue Authority; failing which the
recovered royalty amount will be transferred to Revenue Authority.

70
SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE

TOESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONWORK.
(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 on death, the rate of 15 days wages for every completed year of service. The Act is
applicable toall establishments employing 10 or more employees.
(c) Employees P.P. 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 casemay be.
(ii)Deposit linked insurance on the death in harness of the worker.
(iii)Payment of P.P. accumulation on retirement/death etc.
(d) Maternity Benefit Act 1951:- The Act provides for leave and some other benefits to
women employees in case of confinement or miscarriage etc.
(e) Contract Labour (Regulation & Abolition) Act 1970:- The Act provides for certain
welfare measures to be provided by the Contractor to contract labour and in case the
Contractor fails to provide, the same are required to be provided, by the Principal Employer
by Law. The Principal Employer is required to take Certificate of Registration and the
Contractor is required to take licence from the designated Officer. The Act is applicable to the
establishments or Contractor of Principal Employer, ifthey employ 20 or more contract labour.
(f) Minimum Wages Act 1948 :- The Employer is supposed to pay not less than the
Minimum Wages fixed by appropriate Government as per provisions of the Act, if the
employment is a scheduled employment. Construction of Buildings, Roads, Runways are
scheduled employments.
(g) Payment of Wages Act 1936:- Itlays 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.
71
(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.3S00/-per month or
less. The bonus to be paid to employees getting Rs.2S00/- per month or above upto Rs.3500/-
per month shall be worked out by taking wages as Rs.2S00/ -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 andprocedure 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 SO). The Act provides for laying down rules governing the
conditions of employment by the Employer on matters provided in the Act and get the same
certified by the designated Authority.
(l) Trade Unions Act 1926 :- The Act lays down the procedure for registration of trade
unions of workmen and employers. The Trade Unions registered under the Act have been
given certain immunities from civil and criminal liabilities.
(m) Child Labour (Prohibition & Regulation) Act 1986 :- The Act prohibits employment
of children below 14 years of age in certain occupations and processes and provides for
regulation of employment of children in all other occupations and processes. Employment of
Child Labour is prohibited in Building and Construction Industry.
(n) Inter-State Migrant workmen's (Regulation of Employment & Conditions of Service)

Act 1979 :- The Act is applicable to an establishment which employs 5 or more inter-state
migrant workmen through an intermediary (who has recruited workmen in one state for
employment in the establishment situated in another state). The Inter-State migrant workmen,
in an establishment to which this Act becomes applicable, are required to be provided certain
facilities such as housing, medical aid, travelling expenses from home upto the establishment
and back, etc.
(0) The Building and Other Construction workers (Regulation of Employment and
Conditions of Service) Act 1996 and the Cess Act of 1996 :- All the establishments who carryon
any building or other construction work and employs 10 or more workers are covered under
this Act. All such establishments are required to pay cess at the rate not exceeding 2% of the
cost of construction as may be modified by the Government. The Employer of the
establishment is required to provide safety measures at the Building or construction work and
other welfare measures, such as Canteens, First-Aid facilities, Ambulance, Housing
accommodations for workers near the work place etc. The Employer to whom the Act applies
has to obtain a registration certificate from the Registering Officer appointed by the
Government.
(p) Factories Act 1948:- The Act lays down the procedure for approval of plans before
setting up a factory, health and safety provisions, welfare provisions, working hours, annual
earned leave and rendering information regarding accidents or dangerous occurrences to
designated authorities. It is applicable to premises employing 10 persons or more with aid of
power or 20 or more persons without the aid of power engaged in manufacturing process.

72
(q) The Contractor shall ………. of works DGIC at a . If
3 ARBITRATION
Appendix] be appointed as Dispute Review Expert under the Contract, at a daily fee as
indicated in Appendix plus reimbursable expenses. If the Bidder disagrees with this proposal,
the Bidder should so state in the Bid. If in the Letter of Acceptance, the Employer has not
agreed on the appointment of the Dispute Review Expert, the Dispute Review Expert shall be
appointed by the Council of Indian Roads Congress at the request of either party.
3.2 For works costing above Rs.5 Crore the procedure for arbitration will be as per G.R of
Law & Judiciary Department issued vide Sankirn- 2016/C.R. 20/ Ka-19 dt. 13/10/2016
regarding “ Institutional Arbitration Policy”.

73
SECTION-4
CONTRACTDATA

74
Contract Data
Items marked “N/A” do not apply in this Contract Clause

Reference
with
respect to
Section - 3
1. The Employer is Executive Engineer, Public Works Division Yavatmal [Cl.1.1]
Name :
Address :
2. The Engineer is Executive Engineer, Public Works Division Yavatmal
3. The Dispute Review Expert appointed jointly by the employer and [Cl.1.1]
Contractor is:
* Name :
*Address:
4. The Defects Liability Period is 24 (Twenty four Month) from the date of [Cl.1.1 &
Completion. 35]
5. The Start Date shall be 7 days from the date of issue of the Work Order. [Cl.1.1]
6. The Intended Completion Date for the whole of the Works is …. days [Cl.1.1,17&
including monsoon period after start of work with the following milestones: 28]
Milestone dates: Milestones of Repairs/Construction/Maintenance & [Cl.2.2,&
Defect Liability Period is enclosed herewith in Tender Document. 49.1]
Physical Works to be completed Period from the start date
i) Milestone 1 : 25% of work 8 month
ii) Milestone 2 : 50% of work 12month
iii) Milestone 3 : 75% of work 18 month
iv) Milestone 4 : 100% of work 24 month
7. Site Location - Shri Vasantrao Naik Government Medical Collage Yavatmal. Tq. [Cl.1.1]
and Distt. Yavatmal.
8. The name and identification number of the Contract is:- [Cl.1.1]

75
9. The works consist of : SCOPE OF WORK ( CI.1.1)
Structure: Framed Structure
Builtup Area. 1) Ground Floor : 2x1400= 2800.00 Sqm.
2) First Floor : 2x1400= 2800.00 Sqm.
3) Second Floor : 2x400= 800.00 Sqm.
Total : 6400.00 Sqm
10. The following documents also form part of the Contract:....................... [ Cl. 2.3(9)
11. The law, which applies to the Contract, is the law of Union of India. [ Cl. 3.1 ]
12. The language of the Contract documents is English [ Cl. 3.1 ]
13. Limit of subcontracting – 50 % of the Initial Contract Price [ Cl. 7.1 ]
14. The Schedule of Other Contractors – [ Cl. 8 ]
15. The Schedule of Key personnel - As per Annex-II to section I [Cl. 9]
16. The minimum insurance cover for physical property, injury and death is [Cl. 13]
Rs.5 lakhs per occurrence with the number of occurrences limited to four.
After each occurrence, Contractor will pay additional premium necessary
to make insurance valid for four occurrences always.
17. Site investigation report – To be assessed by the contractor [Cl. 14]
18. The site possession Dates shall be same day from issue of Work order to [Cl. 21]
proceed with the work.
19. Fees and types of reimbursable expenses to be paid to the Dispute [Cl. 25]
Review Board (To be inserted later)
20. Appointing Authority for the Dispute Review Expert-Council, Indian Roads [Cl. 26]
Congress, New Delhi

76
21. The period for submission of the programme for approval of Engineer [Cl. 27.1]
shall be 21 days from the issue of letter of Acceptance
22. The period between programme updates shall be … day. [Cl. 27.3]
23. The amount to be withheld for late submission of an update programme [Cl. 27.3]
shall be Rs. ……
24. The following events shall also be Compensation Events: [Cl. 44]
Substantially adverse ground conditions encountered during the course of
execution of work not provided for in the bidding document –
(i) Removal of underground utilities detected subsequently
(ii) Significant change in classification of soil requiring additional
mobilisation by the contractor e.g. ordinary soil to rock excavation
(iii) Removal of unsuitable material like marsh, debris dumps etc. not
caused by the contractor
(iv) Artesian conditions.
(v) Seepage, erosion, landslide
(vi) River training requiring protection of permanent work

Presence of historical, archaeological or religious structures, monuments
(vii) interfering with the works
(viii) Restriction of access to ground imposed by civil. judicial, or military
authority.
25. The currency of the Contract is Indian Rupees [Cl. 46]

26. The Proportion of payments retained (retention money) shall be 3 % from [Cl. 48]
each bill subject to a maximum of 2 % of final contract price.
27. Amount of liquidated damages for delay in (I) for Whole of work [Cl. 49]
completion of works
(1/2000)th of the initial
contract price rounded off to
the nearest thousand per
day

77
28. Nature of Advances (Whatever specified in Item
6 of Contract Data) -
(1/200)th of initial contract
price for section of work
under
(i) milestone I Rs. 500/- per
day.
(ii) milestone II Rs. 1000/-
per day.
A) Maximum limit of liquidated damages 10 percent of the Initial [Cl.
for delay in completion of work. contract Price rounded off to 49.3(a)]
the nearest thousand.
B) Amount of liquidated damages per day . Rs. 100/- per day (over &
for maintenance activities aboe Clause No 49.3)
29. Repayment of Secured advance [Cl. 51.4]

The advance shall be repaid from each monthly payments to the extent materials
[for which advance was previously paid pursuant to Clause 51.4 of G. C. C. ]
have been incorporated into the works.
30. The Securities shall be for the following minimum amounts equivalent as a [Cl. 52]
percentage of the Contract Price:
Performance Security for 5 percent of contract price plus Rs....................... (to be
decided after evaluation of the bid) as additional security in terms of ITB Clause
29.5
The Standard form of Performance Security acceptable to the Employer shall be
an unconditional Bank Guarantee of the type as presented in Section 8 of the
Bidding Documents.
31. The Schedule of Operating and Maintenance Manuals ................N/A [Cl. 58]
32. The date by which “as-built’ drawings (in scale as directed) in 2 sets are required [Cl. 58]
is within 28 days of issue of certificate of completion of whole or section of the
work, as the case may be.
33. The amount to be withheld for failing to supply “as-built” drawings by the date [Cl. 58]
required is Rs. ………. Lakh.
34. The following events shall also be fundamental breach of contract : “The [Cl. 59.2]
Contractor has contravened Sub-Clause 7.1 and Clause 9 of GCC.”
35. The Percentage to apply to the value of the work not completed representing the [Cl. 60]
Employer’s additional cost for completing the Works shall be 20 percent.

78
SECTION 5
TECHNICAL SPECIFICATIONS

79
Accompaniments to Government Circular,

Public Works Department No. Sankirna-2017/C.R.121/PartII/Bldg.2, dated 23/10/2017.
PRICE ADJUSTMENT
-Star rates
The Basic star rates are applied for the material consumed during the quarter
under consideration.
( These star rates shall be specified here)
1Cement : Rs. 6400.00 Per M.T.
2) H.Y.S.D.& TMT : Rs.43000.00 Per M.T.
The difference between purchase price of contractor and the Star Rate
shall be recoverable from / payable to the contractors as the case may
be.
The Price Adjustment clause is attached as Appendix "A".
* (Price Adjustment clause shall be applicable to works having time limit of more than one year
( 12 months).
APPENDIX- A
The price adjustment will be given for Petrol / Oil / Lubricants (POL), Labour and material other
than Bitumen, Cement and Steel.
Price Adjustment
Contract price shall be adjusted for increase or decrease in rates and price of labour, materials, fuels and
lubricants excluding bitumen, cement and steel in accordance with the following principles and procedures and
as per formula given in the contract data. (a) The price adjustment shall apply for the work done from the start
date given in the contract data upto end of the initial intended completion date or extensions granted by the
Engineer and shall not apply to the work carried out beyond the stipulated time for reasons attributable to the
contractor. (b) The price adjustment shall be determined during each month from the formula given in the
contract data. (c) Following expressions and meanings are assigned to the work done during each month:
R = Total value of work done during the month. It would include the amount of secured advance granted, if
any, during the month, less the amount of secured advance recovered, if any during the month. It will
exclude value for works executed under variations for which price adjustment will be worked separately based
on the terms mutually agreed.
To the extent that full compensation for any rise or fall in costs to the contractor is not covered by the
provisions of this or other clauses in the contract, the unit rates and prices included in the contract shall be
deemed to include amounts to cover the contingency of such other rise or fall in costs.
The formula (e) for adjustment of prices is: R = Value of work.
Adjustment for labour component

(i) Price adjustment for increase or decrease in the cost due to labour shall be paid in accordance with the
following formula:
(ii) VL= 0.85 x P1/ lOO x R x (LI- Lo )/Lo
(iii) VL= increase or decrease in the cost of work during the month under consideration due to changes in
rates for local labour.

80
(iv) Lo= the consumer price index for industrial workers for the State on 28 days preceding the date of
opening of Bids as published by Labour Bureau, Ministry of Labour, Government of India.
(v) LI= The consumer price index for industrial workers for the State for the under consideration as
published by Labour Bureau, Ministry of Labour, Government of India.
(vi) PI= Percentage of labour component of the work.
Adjustment of POL (fuel and lubricant) component

V = Price adjustment for increase or decrease in cost of POL (fuel and lubricant) shall be paid in accordance with
the following formula:
Vf = 0.85 x P/100 x R x (F, - F)/Fo

Vf = Increase or decrease in the cost of work during the month under consideration due to changes in
rates for fuel and lubricants. Fo = The official retail price of High Speed Diesel (HSD) at the existing consumer
pumps of lac at nearest centre on the day 28 days prior to the date of opening of Bids. F, = The official retail
price of HSD at the existing consumer pumps of IOC at nearest centre for the 15th day of month under
consideration.
P, = Percentage of fuel and lubricants component of the work. Note: For the application of this clause, the price
of High Speed Diesel oil has been chosen to represent fuel and lubricants group.
Adjustment of Other materials Component (Excluding bitumen, steel and cement )

(vii) Price adjustment for increase or decrease in cost of local materials other than cement, steel, bitumen and
POL procured by the contractor shall be paid in accordance with the following formula:
Vm = 0.85 x Pm /100 x R x (MI - M0 )/M0

Vm= Increase or decrease in the cost of work during the month under consideration due to changes in
rates for local materials other than cement, steel, bitumen and POL.
MI= The all India wholesale price index (all commodities) on 28 days preceding the date of opening of Bids, as
published by the Ministry of Industrial Development, Government of India, New Delhi.
MO = The all India wholesale price index (all commodities) for the month under consideration as published by
Ministry of Industrial Development, Government of India, New Delhi.
Pm= Percentage of local material component (other than cement, steel, bitumen and POL of the work. )
*The maximum amount due to price variation will be restricted to r % of the accepted Contract value.
*The maximum amount due to price variation will be restricted to r % of the accepted Contract value.
The following percentages will govern the price adjustment for the entire contract.
1)Labour(PI)
1)Labour(PI)-----16.89%
(PI)
2)
-2) POL (P) -----1.29%
3) Materials (Pm) (other than cement, steel, & POL of the work.) -----53.26 %

81
“SPECIFICATIONS FOR BUILDING WORKS ARE AS PER RED BOOK- I AND

MORTH- ORENGE BOOK AS AND WHERE APPLICALBES TO THE ITEMS
INCLUDED IN TENDER DOCUMENT)
SUPPLEMENTRAY SPECIFICATION
1. Working Method & Progress Schedule
1.1 Working Method
2. TESTING ETC. :
The Contractor shall be responsible for the quality of the work in the entire construction
work
within the contract. He shall, therefore, have his own independent and adequate setup
for ensuring the same. This shall include establishing field laboratory for testing
required for concrete works.
3. AUTHORITIES OF THE ENGINEER IN CHARGE :
Save in so far as it is legally or physically impossible the Contractor shall execute,
complete and maintain the works in strict accordance with the contract under the
directions and to the entire satisfaction of the Engineer in charge and shall comply
with and adhere strictly to the Engineer-in-charge’s instructions and directions on
any matter (Whether mentioned in the contract or not) pertaining to this works.
The Engineer in charge shall decide all questions which may arise as to quality
and acceptability of materials furnished and work executed, manner of execution, rate
of progress of the works, interpretation of the plans and specifications and
acceptability of fulfillment of the contract on the part of the Contractor . He shall
determine the amount and quantity of work performed and materials furnished and his
decision shall be final. In all such matters, and in any technical questions which may
arise touching the contract, his decision shall be binding on the Contractor.
The Engineer in charge shall have the power to enforce such decisions and orders if the
Contractor fails to carry them out promptly. If the Contractor fails to execute the work
ordered by the Engineer-in-charge. The Engineer in charge may give notice to Contractor

82
specifying a reasonable period therein and on the expiry of that period proceed to execute
such work as may be deemed necessary and recover the cost there of from the Contractor.
4 AUTHORITIES OF THE ENGINEER-IN-CHARGE'S REPRESENTATIVE
The duties of the representative of the Engineer-in-charge are to watch and
supervise the work and to test and examine any material to be used for workmanship
employed in connection with the works.
4.1 The Engineer-in-charge may from time to time, in writing delegate to his
representative any of the powers and authorities vested in the Engineer-in-charge and
shall furnish to the Contractor a copy of all such delegations of powers and authorities.
Any written instruction or approval given by the representative of the Engineer-in-charge
to the Contractor within the terms of such delegations (but not otherwise) shall bind the
Contractor and the Department as though it had been given by the Engineer-in-charge,
provided always as follows.
a) Failure of the representative of the Engineer-in-charge to disapprove any work or

material shall not prejudice the power of the Engineer-in-charge there after to disapprove
such work or materials and to order to pulling down, removal or breaking up thereof.
b) If the Contractor is dissatisfied with any decision of the Representative of the

Engineer-in-charge he shall be entitle to refer the matter to the Engineer-in-charge, who
shall there upon confirm/reverse or vary such decision.
5. LAY OUT OF WORK :
Layout of the work will be done by the Contractor in consultation with the
Executive Engineer
of the Department or his representative, some permanent marks should however be

established to indicate the demarcation of the structure or any component there of made
to this permanent marks in measurement books and drawing signed by the contractor and
the departmental officer, Responsibility regarding layout will be joint.
6. SETTING OUT
6.1 BUILDING WORKS:-
The Engineer-in-charge shall furnish the contractor with only the four corners of
the works site
and a level bench mark and the contractor shall set out the works and shall provide an
efficient staff for the purpose and shall be solely responsible for the accuracy of such
setting out.
The contractor shall provide, fix and be responsible for the maintenance of all stacks,
templates, level marks, profile and other similar things and shall take all necessary
83
precautions to prevent their removal or disturbance and shall be responsible for the
consequence of such removal or disturbance, should the same take place and for their
efficient and timely reinstatement. The contractor shall also be responsible for the
maintenance of all existing survey marks, boundary marks distance marks and center line
marks, either existing or supplied and fixed by the contractor. The work shall be set out to
the satisfaction of the Engineer-in-charge. The approval thereof or joining with the
contractor by the Engineer-in-charge in setting out the work, shall not relive the
contractor of any of his responsibilities.
Before beginning the work, the contractor shall at his own cost provide all necessary
reference and level posts, pegs, bamboos, flags, ranging rods, strings and other
materials for proper layout of the work in accordance with the scheme for bearing
marks acceptable to the Engineer-in-charge. The center, longitudinal or face lines and
cross lines shall be marked by means of small masonry pillars. Each pillar shall have
distinct mark at the center to enable the theodolite to be set over it. No work shall be
started until all these points are checked and approved by the Engineer-in-charge in
writing but such approval shall not relieve the contractor of any of his responsibilities.
The contractor shall also provide all labour, material and other facilities, as necessary,
for the proper checking of layout and inspection of the points during construction.
Pillars bearing geodetic marks located at the sites of units of works under
construction should be protected and fenced by the contractor.
On completion of works, the contractor must submit the geodetic documents
according to which the work was carried out.
6.2 RESPONSIBILITIES FOR LEVEL AND ALIGNMENT :-
The contractor shall be entirely and exclusively responsible for the horizontal and
vertical alignment, the levels and correctness of every part of the work and shall rectify
effectually any errors or imperfections therein, such rectifications shall be carried out by
the contractor, at his own cost, when instructions are issued to that effect by the Engineer
in charge.
7. LEVELING INSTRUMENTS :-
If measurements of items of the work are based on volumetric measurements
calculated from levels taken before and after the construction of the item, a large
number of leveling staves, tapes etc. will have to be kept available by the contractor
at the site of the work for this purpose. Lack of the such leveling staves, tapes etc. in

84
required numbers may case delay in measurements and the work. The contractor will
have therefore to keep sufficient numbers of these instruments readily available at site
and in good working condition.
8. STACKING AND STORAGE AND GUARDING OF MATERIALS :
8.1 The stacking and storage of material at site shall be in such a manner as to prevent
deterioration or intrusion of foreign matter and to ensure the preservation of their
quality, properties and fitness for the work. Suitable precautions shall be taken by the
Contractor to protect the materials against atmospheric action, fire and other hazards.
The materials likely to be carried away by wind shall be stored in suitable stores or
with suitable barricades and where there is likely hood of subsidence of soil, heavy
materials shall be stored on paved platforms.
Suitable separating barricades and enclosures as directed shall be provided to separate
materials brought by Contractor and materials issued by Government to Contractor
under Schedule "A" Same applies for the material obtained from different sources of
supply.
8.2 The Contractor shall at his own expense engage watchman for guarding the
materials and plant and machinery and the work during day and night against any
pilferage or damage and also for prohibiting trespassers.
8.3 No materials brought to the site shall be removed from the site without the prior
approval of the Engineer-in-charge.
9. INSPECTION OF WORKS
9.1 The Contractor shall inform the Engineer-in-charge in writing when any portion
of the work is ready for inspection giving him sufficient notice to enable him to inspect
the same without affecting the further progress of the work.
9.2 The Contractor shall provide at his cost necessary ladders and such arrangements
as are considered safe by the Engineer-in-charge for proper inspection of all parts of the
work.
9.3 Contractor shall extend his full co-operation and make all necessary arrangements
when needed for carrying out inspection of the work or any part of the work by the local
85
representatives, M.L.As, M.Ps and officers and dignitaries / delegates of various
Government departments, local bodies, private sectors etc. No compensation shall be paid
to the contractor on this account.

The work shall be carried out by the Contractor without causing damage to the
existing Government property and / or private property. If any such damage are
caused, the Contractor shall pay for restoration of the property to the original
conditions, and any other consequent damages.
9.5 In the event of the occurrence of an accident involving serious injuries or death of
any person,at site of work or quarry or at any place in connection with the work the same
shall be reported in writing within twenty four hours of the occurrence to the Engineer-in-
charge and Commissioner of Workmen's compensation.
9.6 The Contractor after completion of work shall clean the site of all debris and
remove all unused materials other than those supplied by the department and all plant and
machinery, equipment, tools etc. belonging to him within one month form the date of
completion of the work, or otherwise the same will be removed by the department at his
cost or disposed off as per departmental procedure. In case the material is disposed off by
the department, the sale proceeds will be credited to the Contractor’s account after
deducting the cost of sale incurred. However, no claim of Contractor regarding the price
or amount credited will entertained afterwards.

9.7 All constructional plant, provided by the Contractor shall when brought on to the
site be deemed to be exclusively intended for the construction and the contractor shall not
remove the same or any part thereof (save for the purpose of moving it from one part of
the site to another) without the consent in writing of the Engineer-in-charge who shall
record the reasons for withholding the consent.
10. RESTRICTIONS BECAUSE OF LOCAL TRAFFIC:
As there is local traffic by the side of construction during construction for the
building, the Contractor will have to take proper precautions such as proper
barricading, fencing, lighting, information and cautionary boards for safe and smooth
flow of traffic, and keeping the concerned authorities informed about the work in
progress.

86
11. COMPLETION CERTIFICATE :
11.1 The work shall not be considered to have been completed in accordance with the
terms of the contract until the Engineer-in-charge shall have certified in writing to that
effect. No approval of material or workmanship or approval of part of work during the
progress of execution shall bind the Engineer-in-charge or in any way prevent him from
even rejecting the work which is claimed to be complete and to suspend the issue of his
certificate of completion until such alteration and modifications or reconstruction have
been effected at the cost of the Contractor as shall enable him to certify that the work has
been completed to his satisfaction.
11.2 After the work is completed the Contractor shall give notice of such
completion to the Engineer-in-charge and within 30 days of receipt of such a notice
the Engineer-in-charge shall inspect the work and if there is no defect in the work
shall furnish the Contractor with a certificate indicating the date of completion.
However, if there are any defects which in the opinion of the Engineer-in-charge are
rectifiable he shall inform the Contractor the defects noticed. The Contractor after
rectification of such defects shall then inform the Engineer-in-charge and Engineer-
in-charge on his part shall inspect the work and issue the necessary completion
certificate within 30 days if , the defects are rectified to his satisfaction, and if not, he
shall inform the Contractor indicating defects yet to be rectified. The time cycle as
above, shall continue.
11.3 In case defects noticed by the Engineer-in-charge which in his opinion are
not rectifiable but otherwise work is acceptable at reduced payment, work shall be
treated as completed. In such cases completion certificate shall be issued by the
Engineer-in-charge within 30 days indicating the un-rectifiable defects for which
reduction in payment is being made by him.
11.4 The issued of completion certificate shall not be linked up with the site
clearance on completion of the work.
12. ANCILLARY WORK :
The Contractor shall submit to Engineer-in-charge in writing the details of all
ancillary works including layout and specifications to be followed for its construction.
87
Ancillary work shall not be taken up in hand unless approved by Engineer-in-charge .
The Engineer-in-charge reserves the right to suggest modifications or make complete
changes in the layout and specifications proposed by the Contractor at any stage to
ensure the safety on the work site. The Contractor shall carry out all such
modifications to the ancillary works at his own expenses as ordered by Engineer-in-
charge.
13 SPECIAL CONDITIONS:
13.1 The Contractor should ensure that all safety precautions are observed by
their laboures, working closed to the State Highway and while closing the State
Highway precautions are taken including insurance etc., for their labour at the cost of
the contractor and the contractor will bear all the expenses, compensation etc. if any
accident occurs to the labour etc. No claim in this regard on whatsoever account shall
be entertained and this decision of the Department will be final and conclusive.
13.2 The Contractor shall observe the rules and regulation imposed by traffic
police for smooth flow of traffic on the diversion road and shall not be entitled for
claims any compensation arising thereof.
13.3 In case of delay in handing over the land required for the work, due to
unforeseen cause, the Contractor shall not be entitled for any compensation what-so-
ever form the Government on ground that the machinery or labour was idle for certain
period. Contractor may, however apply for extension of time limit which may be
granted on the merit of the case.
14. REJECTION OF MATERIALS NOT CONFORMING TO SPECIFICATIONS:
Any stock or batch of material(s) of which sample(s) does not conform to the
prescribed test and quality, shall be rejected by the Engineer or his representative and
such materials shall be removed from site by the Contractor at his own cost. Such
rejected materials shall not be made acceptable by any modifications. Materials not
corresponding in character and Quality with approved samples will be rejected by the
Engineer or his representative and shall be removed from site at the Contractor’s own
cost.
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15. INSPECTION OF OPERATIONS :
The Engineer and any person authorized by him shall at all times have access to the
works
and to all workshops and places (including required documents) 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 for & every assistance in or in
obtaining the right to such access.
16. FIELD LABORATORY :
Laboratory Set up
16.1) The Contractor for the purpose of testing of material shall arrange to provide and
maintain fully furnished and adequately equipped field laboratory of adequate floor area.
The field laboratory shall preferably be located adjacent to site or as directed by the
Engineer-in-charge. The field laboratory shall be provided with amenities like water,
electric supply etc. to be arranged by Contractor. The list of equipment is mentioned at
Annexure -I
16.2) The floor space requirement shall include office space for Engineer &
Contractor’s representative, storage of samples, installation of equipment, laboratory
table, cup boards, working platform of size 1m x 10 m working space for carrying out
various tests, curing tank, wash basin, toilet etc. and the minimum furniture such as office
tables & chairs for material engineers, stools, working tables, store accessories.
16.3) The Cost of Construction of laboratory at work site and cost of furniture,
electrical equipments fittings during the currency of Contract is incidental to work and no
separate payment will be made for the same to the contractor.
16.4) If the contractor fails to establish the laboratory within 60 days from the issue of
work order an amount of Rs. 2.00 lac will be recovered from forth coming bill payable to
the Contractor.
16.5) After completion of work the above property will be contractor’s property.
16.6) The laboratory established by the contractor shall be manned by a qualified

materials Engineer/Civil Engineer assisted by experienced technicians and the setup shall
be got approved from the Engineer-in-charge.
16.7) The Contractor shall prepare printed proforma for recording readings and results
of each type of tests. Such formats shall be got approved from the Engineer-in-charge.
The Contractor should keep a daily record of all the tests carried out by him. Two copies
of the test results should be submitted to Engineer-in-charge within 7 days from the date
of testing for examination and approval One copy of test results will be returned to the
Contractor by the Engineer-in-charge for keeping the record of test results in acceptable
manner at site of work.

89
16.8) All quality Control register/records shall be maintained by the Contractor and
checked by the Engineer-in-charge or his representatives regularly.
16.9 After completion of work the laboratory equipments will be the property of the
contractor. The contractor shall clean all site by dismantling site office/laboratory and
remaining all the debris from the site of work, after completion of the work.
17. SUPPLY OF COLOURED RECORD PHOTOGRAPHS AND ALBUMS:
The Contractor shall arrange to take dated post card size colored photographs at
various
stages/facts of the work including interesting and novel features of the work as desired by
the Engineer-in-charge and supply them in five copies each in separate albums of
appropriate size. He shall also arrange for the Video Filming of important activities of the
work during the currency of the contract and edit it to a video film of 60 to 180 minutes
playing time. It shall contain narration of the various activities in English/Marathi by a
competent narrator. The cassette shall be of acceptable quality and the film shall be
capable of producing color pictures. This shall be considered as incidental to the work
and no additional payment whatsoever will be made for the same.
18.SUPPLY OF SAFETY JACKETS TO LABOURERS/SUPERVISORS/ENGINEERS
As a safety measure during the execution of work all labours, construction and
supervisory
staff shall be provided with an orange color jacket in fluorescent blue so as to make them
starkly visible from a distance even during evening hours.
19. APPROVAL OF CONSTRUCTION MATERIALS AND CONSTRUCTION

ACTIVITIES:
Approval of all materials for the work shall be obtained in writing from Engineer-
in-charge or
his representative before its use in the Project Before taking up of any construction
activity the construction work done earlier shall be got approved in writing. Any failure
on this account may result in the work for which the Contractor will be solely
responsible. Materials and job mix, etc. shall be got approved in writing at least 15 days
in advanced of the commencement of the corresponding activity. The testing charges
shall be borne by the Contractor .Besides the prescribed tests and frequencies any other
test of tests over the prescribe frequency shall also be carried out by the Contractor at his
own cost if so directed by Engineer-in-charge or his authorized representative.
20. CONDITION RELATING TO INSURANCE OF CONTRACT WORK
Contractor shall take out necessary Insurance Policy/ (viz. Contractors All Risks
Insurance Policy, Erection All Risks Insurance Policy etc. as decided by the Directorate
90
of Insurance) so as to provide adequate insurance cover for execution of the awarded
contract work for total contract value and complete contract period compulsorily from the
“Directorate of Insurance, Maharashtra State, Mumbai only its postal address for
Correspondence is “264, MHADA, First Floor, Opp. Kalanagar, Bandra (East) Mumbai –
400051” ( Telephone Nos. 26590403/26590690 and Fax No. 26592461/26590403)
Similarly, all workmen’s appointed to complete the contract work are required to
insure under workmen’s compensation insurance policy. Insurance policy/policies
taken out from any other Company will not be accepted. If any contractor has effected
Insurance with any insurance company the same will not be accepted and the amount of
premium calculated by the Government Insurance Fund will be recovered directly from
the amount payable to the Contractor for the executed contract work and paid to the
Directorate of Insurance Fund, Maharashtra State, Mumbai.
21. BUILDING AND OTHER CONSTRUCTION WELFATE CESS :
Building and other construction worker welfare cess at 1% or at the rates awarded
from time
to time as intimated by the competent authority of building and other construction worker
welfare Act 1996 shall be deducted from bill amount, whether bill advance payment or
secured advance.
22. Value Added Tax @ 2% of the contract amount will be recovered from the bill of
contractor
who are registered under Maharashtra Value Added Tax Act 2005 and 4% of the contract
amount will be recovered from contractor's bill amount those who are not registered
under Maharashtra Value Added Tax Act 2005.
23. DIARY :
Contractor shall maintain, throughout the construction period, a diary in the from of a
register regarding the following :-
i) Daily presence of all categories of labours. ii) Daily availability and use of machinery
and equipment’s on work. iii) Daily procurement, Consumption and balance of materials
on site. iv) Daily record of various visiting authorities along with name of the officers
visited and timing. v) Details of work executed per day. The register shall be closed on
daily basis and signature of Engineers in charge or his representative should be taken
over it.
24. ADDITIONAL TECHNICAL CONDITIONS
24.1 The work shall be carried out in the best workmanship like manner and in strict
accordance
with P.W.D. hand book Volume I & II 1960. Edition supplemented by specification
attached and as per Standard Specifications Book of Government of Maharashtra of 1979
and as per specific order of the Executive Engineer or his representative from time to
time.

91
24.2 The orders issued by the Government in P.W. Department and the Superintending
Engineer, P.W. Circle, Akola from time to time regarding construction procedure shall be
binding on the contractor in addition to the specification contained in P.W.D. hand book
Volume I & II and book of standard specification of P.W. Department and the
specifications enumerated above.
24.3 The contractor shall submit day to day account of the materials issued to him and
its use and also monthly progress and programme of work.
24.4 a) The concrete mix design shall be got approved from Engineer in charge
and the mix design shall give preliminary strength of 1.33 times working strength.
b) The maximum size of aggregate permissible would be as per A-7 page-8 of

Standard Specifications Book 1979 Edition.
24.5 The items provided with watering for curing include continuous watering
operations through out the day including lunch hours and also during holidays. For this
purpose contractor shall have to construct tank of approx. 5000 liters capacity near each
building and provide necessary Booster Pumps etc. to ensure adequate curing and
wetting. Hold fasts coming in contact with R.C.C. columns shall be of sizes 30 cm x 4 cm
to be fitted with two rows, nails fixed properly in concrete.
24.6 For all sand covering items, use of washed mixer sand (with sand washing
machine) is obligatory. No separate claim in this regard will be entertained.
24.7 Material testing requirement frequency and type of testing is enclosed separately.
Material to be used shall be tested accordingly and cost shall be borne by contractor.
24.8 For R.C.C. centering plywood and M.S. sheet of approved quality shall be used
and adjustable props and fasteners shall be used.
24.9 The execution of any work from external side of the building 'H' frame steel
scaffolding shall be used. No separate payment for claims in this regard shall be
entertained.
24.10 The scaffolding shall not be supported on existing external walls of the building
by making holes in it and also the scaffolds shall not rest on any part of the building.
24.11 Quality Assurance Manual : Contractor shall prepare the quality assurance manual
booklet in consultation with the Executive Engineer. Quality assurance manual shall be
comprehensive document covering every aspect of the work. Superintending Engineer
shall approve this document. The quality manual document shall be used only after
approval from Superintending Engineer. Provision of the quality manual be binding on
the contractor. Quality manual shall be treated as a legal document as per with this
contract document. It shall be used till the work is completed in full respect.
24.12 R.C.C.DESIGN
1 The agency shall submit the detailed R.C.C.design conforming to IS 456-2000

92
ISI993, 2002 & Design Circle's note seismic Zone II and got approved. From the
competent authority
The detailed architectural drawing are attached with the tender such as general layout of
plan & building drawing. There are not structural type design with details of
reinforcement readily available with department. The contractor shall provide details
structural design and drawing based on the standard practice P.W.D.maharashtra after
award of contract and shall got approved from the competent authority. No separate
payment in this account and no extra time will be allowed for preparation and approval of
design and drawings.\
General R.C.C. layout with approximate orientation of structural member and

approximate concrete sizes and live loads considered.
After approval of the above, the detail structural design and drawings shall be prepared
and got approved.
R.C.C.design shall include. Columns footing, Columns upto plinth level plinth level,
beams and slabs.\ Columns, Superstructure/ Beams of slab at typical floor level and roof
level slabs at all floor levels.

93
ANNEXURE-I
LIST OF APPARTUS REQUIRED AT FIELD LABORATORY FOR BUILDING

WORK
(Ref. Clause 7.1, &Clause 24)
Sr. Name of Apparatus Nos ( min )

required
1. 30 m and 50 m chain/ tape 2 Nos
2. Automatic leveling instrument/ Tachometer with all accessories 2 Nos.

like 5.00 meter staff
3. Vernier calipers 1 No.
4. Cube moulds for concrete/ Cube moulds for cement mortar 6 Sets
5. Silt jar for sand silt testing. 4 Sets
6. Oven- Electrically operated, thermostatically controlled, range 1 No.

upto 200 0C sensitivity 10C.
7. Platform balance 300 kg capacity
8. Balance 20 kg capacity - self indicating type 1 No.
9. Electronic Balance 5 kg capacity, accuracy 0.5 gm 2 Nos
10. Water bath- electrically operated and thermostatically controlled 1 No.

with adjustable shelves, sensitivity 10C.
11. Thermometers : Mercury-in-glass thermometer, range 00 to 2500C 4 Nos.

Mercury-in-steel thermometer with 30 cm stem, range upto 3000C.
12. Kerosene or gas stove or electric hot plate. 1 No.
13. Set of IS sieves with lid and pan:
450 mm diameter
63 mm, 53 mm, 37.50 mm, 26.50 mm, 13.20 mm,
9.50 mm, 6.70 mm, and 4.75 mm size 1 Sets
200 mm diameter
2.36 mm, 2.0 mm, 1.18 mm, 600 micron, 425 micron,
300 micron, 150 micron, and 75 micron 2 Sets
14. Water testing Kit 1 Set

94
15. Atterbergs Limits (liquid and plastic limits) Determination 1 Set
apparatus
16. Dry Bulk Density Test apparatus (sand pouring cylinder, tray,
can etc.).
1 Set
17. Speedy Moisture Meter complete with chemicals 1 Set
18. Aggregate Impact Value Test apparatus/
Los Angles Abrasion Test apparatus. 1 Set
19. Flakiness and Elongation Test Gauges 1 Set
20. Vicat apparatus for testing setting times 1 Set
21. Slump testing apparatus 4 Sets
22. Compression and Flexural strength testing machine, 200 tonne

capacity with additional dial for flexural testing.
1 No.

95
ANNEXURE-II
QUALITY CONTROL TESTS
(Refer Condition No.7 (vi))
Sr.No. Material Test
1 Laterite Stone i) Compressive Strength.

ii) Water Absorption
2 Trap Metal i) Crushing value.

ii) Impact value.
iii) Abrasion value.
iv) Water Absorption.
v) Flakiness Index & Elongation index
vi) Gradation
3 Bricks i) Crushing Strength.

ii) Water Absorption.
4 Flooring Tiles i) Flexural strength

ii) Water Absorption
5 Glazed Tiles i) Water Absorption
6 Cement i) Compressive Strength

ii) Initial setting time.
iii) Final setting time.
iv) Specific Gravity
v) Soundness
vi) Fineness
vii) Std. Consistency
7 Steel i) Weight per meter.

ii) Ultimate Tensile stress.

96
iii) Yield stress
iv) Elongation
v) Bend Test.
8 Interlocking i) Compressive Strength

concrete paving
block ii) Flexural Test
iii) Resistance to wear
9 Wood work i) End immersion tests

(shutters)
ii) Knife test
iii) Glue adhesion test
10 Cement Concrete i) Mix design

ii) Compressive strength
11 Structural steel i) Weight/Running meter
12 Murum Optimum Dry Density

ii) C.B.R.
iii) Liquid & Plastic Limit/Plasticity Index
iv) Filed Density 100% P.D.
v) Filed Moisture Content
13 Sand Water Absorption & Specific Gravity

ii) Fineness Modulus iii) Silt Content
iv) Bulkage
14 Water i) P.H. Value / For water

ii) Chloride & Sulphate content

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ANNEXURE-III
Construction Material Testing & its frequency
(Refer Condition No.7 (vi) )
Sr. Material Rate Frequency
1 CEMENT
1) Consistency
2) Initial & Final Setting time
3) Fineness Test per 50 M.t. above six tests shall be

carried.
4) Specific Gravity
5) Soundness
6) Compressive Strength
2 AGRREGATES
a 1) Sieve Analysis (Gradation) 1 Test for every day work
(Concrete work)
2) Sieve Analysis Red Book 1 Test per 100 m3

Specification
3) Sieve Analysis 1 Test per 200 m3
Granular Sub Base (N.H.Work) MOST
b Water Absorption 1 Test per 200 m3
c Impact (Concrete WBM/BT) 1 Test per 200 m3
d Crushing 1 Test per for Each Source
e Abrasion 1 Test per for Each Source
f Flakiness & Elongation Index 1 Test per 200 m3
g Plasticity Index for blindage used for 1 Test per 25 m3

WBM

98
3 SAND
1) Water Absorption & Specific 1 Test per for Each Source

Gravity
2) Fineness Modulus 1 Test per for Each day
3) Slit Content 1 Test per for Each day work
4) Bulkage 1 Test per for Each day work
4 BRICKS
1) Water Absorption For each 50000 Nos bricks Above three test
are to be carried out
2) Comp Strength
3) Effloresce
5 Flooring Tiles
1) Flexural Strength For 2000 Nos of Tiles above three tests are
to be carried out
2) Water Absorption
3) Abrasion
6 Glazed Tiles
1) Water Absorption 1 Test- 6 Tiles per 2000 Nos.
7 Concrete Mix Design 1 Concrete Mix Design for each
Compressive strength C.C. Cubes for grade of concrete per every per hour
Qty
Qty. utpo 5 m3 1 Set (3 Nos.)
6-15 m3 2 Set (3 Nos)
16-30 m3 3 Set (3 Nos)
31-50 m3 4 Set (3 Nos)
Quantity above 51 m3 4+1 additional set per 50 m3

99
8 MURUM/ SOIL for earth work
1) Optimum Dry Density 2 Test per 3000 m3
2) C.B.R. 1 Test per 3000 m3
3) Liquid & Plastic Limit/Plasticity 1 Test per 3000 m3

Index
4) Filed Density 100% P.D. 1 Test per 3000 m3
5) Filed Moisture Content 1 Test per 3000 m3
9 WOOD
1) Moisture Content 1 test per Source
2) Density 1 test per Source
10 WATER
1) P.H. Value for Water and Sand 1 test per Source
2) Chloride & Sulphate content 2 test per Source
11 Steel
1) Wt per meter One test for every 5.0 MT or part thereof

for each diameter
2) Ultimate Tensile Stress
3) Yield stress
4) Elongation

100
ADDITIONAL SPECIFICATIONS FOR CONCRETE
The contractor shall achieve that following requirements in respect of quantity of work
and his contract rate shall provided for the same.
1.1 ADMIXTURES :-
Whenever necessary the admixture should be used to achieved the required
workability. The type of admixture should be got approved from Engineer-in-charge.
The rate is inclusive of all admixtures etc. if found necessary.
1.2 CEMENT IN CONCRETE :
For this purpose the conditions mentioned in additional specifications on Page
127 to 129 shall be applicable.
1.3 WATER / CEMENT RATIO :

For high quality concrete of low permeability, the water/cement ratio shall be as
per IS 456 and mix design, more than 0.45 and preferably 0.40 or less subject to the
attainment of adequate workability.
1.4 CURING FOR CONCRETE :
Special attention shall be paid to curing of concrete in order to ensure maximum
durability and to minimize cracking. Concrete shall be cured with fresh water
whenever it is possible to ensure that the concrete surface can be kept wet despite
wind, etc. care shall be taken to avoid rapid lowering of concrete temperatures caused
by applying cold water to hot concrete surface (thermal shock) Sea water shall not be
used for curing reinforced concrete or prestressed concrete. Where there is doubt
about the ability to keep concrete surface permanently wet for the whole of the curing
period heavy duty membranes curing compound shall be used.
1.5 CONCRETE COVER TO REINFORCEMENT :
The cover concrete must be of the same quality, impermeability and strength as the
rest of the concrete. Special mix design should be carried out for the concrete to be
used for making concrete cover blocks.
The concrete cover must develop sufficient alkalinity, and protect the steel. The
alkalinity developed shall not be less than 0.04 N and shall not more than 0.08 N.

101
The cover must be uniform throughout and it's thickness shall be exclusive of plaster
or other decorative finishes.
The concrete cover shall be as per the relevant clause of IS codes. In the case of poles
the cover thickness shall be separately decided by the Engineer in charge.
1.6 DETAILING OF MISCELLANEOUS ITEM :
Binding Wires : All ends of binding wires shall be carefully turned inwards so
that they do not project out of concrete and start rusting action. Plastic coated
galvanized wires shall be used. Wherever possible polythene binding string and
polythene bar grips shall be used, after making sure that these do not result in loss of
bond or chemical reaction with concrete. The use is subject to approval of Engineer-
in-charge.
1.7 BAR SPACING : As per relevant I.S. codes and as detailed design drawing or as
directed by Engineer-in-charge.
1.8 HOLLOWS IN CONCRETE : After concreting is complete the concrete surface
particularly where there is congestion of reinforcement, shall be tested by light
hammering or if possible by Schmitz hammer. Any portion showing signs of
hollowness should be grouted immediately.

SPECIFICATION FOR FORMWORK AND STEEL, CENTERING :-
I) FORMWORK :-
Formwork :- Formwork shall include all temporary forms of moulds required for
forming the concrete which is cast-in-situ, together with all temporary construction
required for their support. Unless otherwise stated all formwork shall conform to I.S.
Specification.
Design of Formwork :- Formwork including complete false work shall be designed by the
contractor in accordance with I.S.: 2750 (1964), 4041 (1987) and all other relevant I.S.
codes without any extra cost to the Government and these shall be got approved from
Engineer before any formwork is taken up.
The contractor shall entirely be responsible for the adequacy and safety for false work
not-withstanding any approval or review by the Engineer of his drawing and design.
Proprietary system of formwork if used a detailed information shall be furnished to the
Engineer for approval.

102
QUALITY OF SHUTTERING : The shuttering shall have smooth and even surface and
its joints shall not permit leakage of cement slurry.
Ply-board shuttering materials to be used shall be steel shuttering/marine plywood well
seasoned free from projecting nails, splits or other defects that may mark on the surface
of concrete. It shall not be so dry as to absorb water from concrete, or so green or wet as
to shrink after erection. Mild steel plates or plywood shall be used for slab and beam
bottoms.
The timber shall be accurately spawned planed on the sides and the surface coming in
contact with concrete.
So far as practicable, clamps shall be used to hold the forms together. Where use of nails
is unavoidable minimum number of nails shall be used and these shall be left projecting
so that they can be easily with drawn. use of double headed nails shall be preferred.
3. TOLERANCE :-
3.1 The formwork shall be made so as to produce finished concrete true to shape,
lines, levels
plumb and dimensions as shown on the drawings, subject to the following tolerance
unless otherwise specified in these documents or drawings or as directed by the Engineer
:
a) Section dimension = 5 mm
b) Plumb = 1 in 1000 of height
c) Levels = 3 mm before any deflection takes place.
3.2 Tolerance given above are specified for local aberrations in the finished concrete
surface and should not be taken as tolerance for the entire structure taken as a whole or
for the setting and alignment of formwork which should be as accurate as possible to the
entire satisfaction of the Engineer, Errors if noticed in any lift/ tilt of the structure after
stripping of forms, shall be corrected in the subsequent work to bring back the surface of
the structure to its true alignment.
SPECIAL PROVISION :- Whenever the concreting of thinner members in required to

be carried out within shutters of considerable depth, temporary openings in the side of the
shutters shall, if so directed by the Engineer be provided to facilitate the purring and
consolidation of the concrete. Small temporary openings shall be provided as necessary at
the bottom of shutters of walls and deep beams to permit the expulsion of rubbish etc.
4.. REMOVAL OF FORMWORK :- The formwork shall be so removed that it

shall not cause damage to concrete. Centering shall be gradually and uniformly lowered
in such a manner as to avoid any shock or vibrations. Supports shall be removed in such a
manner as to permit the concrete to take stresses due to its own weight uniformly and
gradually.

103
The whole of the formwork removal should be planned and definite scheme of operation
shall be worked out. Under no circumstances forms be struck until the concrete reaches a
strength of at least twice the stress to which the concrete may be subjected at the time of
striking but not before the period as mentioned in IS:456-2000 where ordinary Portland
cement is used.
II) STEEL CENTERING :-
Work include :- Erecting steel centering with contractor's material comprising of standard
steel adjustable props and standard steel trusses / joists / spans, centering place for bottom
of slab and steel plats for bottom of beams etc. of adequate strength properly balanced for
obtaining adequate rigidity to with stand all loads coming on it including permanent and
temporary fixtures and fastenings etc complete for R.C.C. member like beams slabs and
canopy including its removal after the specified period, stacking making good the
damaged parts / its replacement before its next use with all leads and lift (all centering
material shall be contractor.)For R.C.C. works formwork shall be of marine plywood of
adequate thickness and grade only. The centering and supporting arrangement such as
standard steel trusses/ joists/ spans standards adjustable/ fixed props. H type frames etc
shall be designed by the Contractor and approved from the Engineer before
commencement of its erection. The Contractor with the prior approval of the Engineer
shall use standard steel centering arrangement which may be manufactured by the reputed
firm.
1.The supporting arrangement designed by the contractor shall conform to the relevant
I.S. code and Standard practice adopted in this type of work. The centering arrangement
shall be adequately braced and properly secured by using appropriate type of fastenings
and fixtures to ensure stability and rigidity of the centering to withstand all loads coming
on it. The entire responsibility for design, erection, maintenance and safety etc. will
exclusively rest with the contractor. The Engineer reserves right to call detailed design
calculations of the entire centering or part there of to verify its stability and also reserve
tight to reject entire centering arrangement or part there of and any material used for the
centering in the event of which the contractor shall have to arrange for its replacement at
his own cost.
SPECIFICATIONS FOR CONCRETE WORKS :-
1 DESIGN OF CEMENT CONCRETE MIXES :
a) All the cement concrete of grade M-15 and higher strength shall be done with
proper mix design as per IS : 10262 - 1982 and shall confirm to the durability and other
requirements of IS 456 2000. The mix design shall be got approved from the Executive
Engineer from time to time whenever there is change in the source and type of cement
and aggregates and change in the gradation of aggregates.
b)The design of concrete mixes for various concrete items in the work shall be obtained
by the contractor at his cost from and approved laboratory. The contractor shall submit in
advance details of such design to the Engineer-in-charge for his prior approval.
c) For concrete of Grade M-25/ M-30/M-35.

104
Preliminary mix design must be carried out from an approved laboratory, for
subsequent changes field mix design shall be acceptable. However incase the Executive
Engineer has got difficulty in acceptance of the field mix design, laboratory mix design
shall be got done by the contractor from approved laboratory at his own cost. Cement,
find aggregate and coarse aggregate must be used by weight only according to the
requirement of the approved mix design.
d) The concrete mix design shall give target strength of 1.33 times the working
strength.
e) The minimum size of aggregate permissible shall be as per para A-7 of Page - 8 f
of standard specification book of 1979 Edition Vol. 1.
The provision of the specification No. B-7 at page - 38 to 40 of Vol. 1 1979 Edition of
standard specification book for controlled concrete shall be applicable for all the
structural concrete items. The maximum water cement ratio shall be 0.45. The mix design
shall be done accordingly.
All the expenses of preliminary mix design, subsequent field/ laboratory mix design,
work tests, shall be borne by the contractor.
2. FROMWORK FOR CONCRETE WORK :- The forms of concrete shall be of

the materials as directly by the Executive Engineer-in-charge and shall preferably be of
steel or plywood, Forms shall be of the required shape, profile and lines. Suitable devices
shall be used to hold corners, adjacent ends, edges of panel or other forms together in
accurate alignment. The forms and joints shall tight enough. Forms used for circular
curved or structures of unusual shape, petal dome etc. shall be of such a character that
will result in smooth concrete surface and exact shape. They shall be prepared such that
they will not warp or distort during erection or while placing concrete. Their design and
layout shall be got approved form the Executive Engineer-in-charge in advance.
2.ERECTION AND REMOVAL OF FORM WORK :-
The centering and strutting shall be of steel or plywood board exclusively for concreting.
The design and drawing should be got approved in advance from the Department. For
minor members the Engineer-in-charge may, at his discretion, permit use of wooden
shuttering. The centering and shuttering shall be close and tight to prevent leakage of
cement slurry. The centering shall have the necessary props, bracing and edges
sufficiently strong and stable which shall not yield or displace while or after laying of
concrete. They shall be made in such way that they can be slackened and removed
gradually and slowly without distributing the concrete. Centering and shuttering shall not
be removed before the design strength is achieved.
3.MIXTURE OF CONCRETE :- Design mix concrete as well as nominal mix concrete

shall be mixed by following the provision in Standard specification at B. 6.4 unless
otherwise directed by the Engineer. Unless otherwise agreed by the Engineer concrete
shall be mixed in a batch type mixer of such other type of mixer as the Engineer my
approve.During hot weather the Contractor shall ensure that the constituent materials are
sufficiently cool to prevent the concrete from stiffening in the intervals between its
discharge from the mixer and its final position.
105
4.TRANSPORTATION, PLACING AND COMPACTION OF CONCRETE :- The
method of transportation placing and compaction of concrete shall be followed as per
section B.6.6, 6.7 and 6.8 of Standard Specification unless otherwise directed by the
Engineer. The compaction shall be done with surface float vibrators for slabs and with
pin vibrators for columns and beams. Vibrators of adequate vibrating capacity shall be
employed for all types of works.
5. CURING :- Curing shall be done by following provision of Section B.6.9 of

Standard Specification and as directed by the Engineer.
6.WORKING IN EXTREME WEATHER : During windy weather sufficient

protection shall be provided to prevent the cement from being blown away during the
process of proportioning and mixing. During wet weather, the concrete shall be
adequately protected as soon as it is placed in position.
No concreting shall be carried out during period of continuous heavy rains unless, it
is completely covered during mixing, transporting and placing, In extreme hot
weather, concreting shall be restricted to morning and evenings The time between
mixing and placing of concrete shall be kept to the minimum and formwork shall be
cooled by sprinkling with water.
7.FINISHING : Finishing work shall comply with requirement of section B.6.10 of

Standard Specification unless otherwise specified herein below :Immediately on removal
of forms, the R.C.C. work shall be examined by the Engineer before any defects are made
good.
The work that has sagged or contains honey combing to an extent detrimental to
structural safety or architectural concept shall be rejected.
Surface defects of a minor nature shall be rectified generally as indicated below by the
contractor.
Surface defects which require rectification when forms are removed usually consist of
bulges due to movement of forms, ridges at form joints, honeycombed areas, damage
resulting from the stripping of forms and bolt hole. Bulges and ridges shall be removed
by careful chipping or tooling and the surface is then rubbed with a grinding stone.
Honey combed and other areas shall be chipped out, the edges being cut as straight as
possible and perpendicular to the surface, or preferably slightly under cut to provide a
key at the edge, of the patch. Bolt holes shall be closed by cement mortar to ensure
thorough filling.
Shallow patches shall be treated with a coat of thin grout composed of one part of cement
and one part of sand and then filled with mortar similar to that used in concrete. The
mortar is placed in layers not more than 10 mm thick and each layer shall be given a
scratch finish to secure bond with the succeeding layer. The last layer shall be finished to

106
match the surrounding concrete by floating, rubbing or tooling on formed surfaces by
pressing the form material against the patch while the mortar is still plastic.
Large and deep patches requires filling up with concrete held in place by forms. Such
patches shall be reinforced and carefully dowelled to the hardened concrete.
The same amount of care to cure the material in the patches shall be taken for the whole
structure. Curing shall be started, as soon as possible after the patch is finished to prevent
early drying. Damp Hessian cloth may be used. But in some locations it may be difficult
to hold it in place, a membrane curing compound in these cases will be most convenient.
8.CONSTRUCTIONS JOINTS : Construction joints shall be provided and treated

following the provisions of Specification and as directed by the Engineer-in-charge.
DURABILITY :- Minimum cement contents for different exposures and sulphate attack
are given in Tables 4 and 5 o I.S. 456, 2000 shall be followed for design mix.
11. TESTS AND STANDARD OF ACCEPTANCE :-
11.1 Tests and Standard of acceptance criteria of design mix concrete and nominal mix
concrete shall be as follows: Sampling and testing of Concrete shall be done as per
provision of section B.6.12 of Standard Specifications. Acceptance criteria for strength of
concrete shall be as per IS 456-2000.Case falling outside the above limit shall be
examined by the Engineer on Merits in each case.
11.2 DEFECTIVE CONCRETE : Any concrete which gives substandard results, or

is severely damaged due to cracking or shows excessive honey combing and exposure of
reinforcement, if exhibits any fault which in the opinion of the Engineer, seriously
impairs its function, may be declared as defective concrete. Such non acceptable concrete
shall be removed from the site and replaced by fresh concrete of the specified quality by
the contractor at his own expenses. Alternatively in case of acceptable concrete, the
Contractor shall carry out whatever other remedy the Engineer may reasonably suggest
"Small rendering shall be done by the Contractor without extra cost.
12 KEEPING RECORDS : The record of mix design, mixing, slum, testing of C.C.
cubes etc.shall be maintained in accordance with Section B-6.13 of the Standard
Specification.

107
QUALITY ASSURANCE AND MAINTENANCE
To ensure the specified quality of work which shall also include necessary
surveys, temporary works etc., the contractor shall prepare a quality assurance plan and
get the same approved from the Engineer in charge within eight days from the date of
work order. For this, contractor shall submit an organization chart of his technical
personnel to be deployed on the work along with their qualification, job descriptions
defining the functions of reporting, supervising inspecting and approving. The contractor
shall also submit a list of tools, equipment’s and the machinery and instrumentation
which he proposes to use for the construction and for testing in the field and/or in the
laboratory and monitoring. The contractor shall modify/supplement the organization chart
and the list of machinery, equipment etc. as per the direction of the Superintending
Engineer and shall deploy the personnel and equipment on the field as per the approved
chart and list respectively. The contractor shall submit written method statements
detailing his exact proposals of execution of the work in accordance with the
specifications. He shall get these approved from the Engineer in charge. The quality of
the work shall be properly documented through certificates, records, check-lists and
logbooks of results etc. Such records shall be complied from the beginning of the work
and be continuously updated and supplemented and this shall be the responsibility of the
contractor. The forms should be got approved from the Executive Engineer-in-charge.
The contractor shall prepare detailed completion drawings after completion of the work.
He shall also prepare and submit a maintenance manual giving procedure for
maintenance, with the period of maintenance works including inspections, tools and
equipment to be used, means of accessibility for all parts of the structure. He shall also
include in the manual, the specifications for maintenance work that would be appropriate
for his design and technique of construction. This manual shall be submitted within
the contract period.

108
SECTION-6
FORM OF BID

109

110
FORM OF BID
Description of the Works:- ……………………………………………
To,
-----------------------
-----------------------
Address: -----------
1. We offer to execute the Works described above and remedy any defects therein in
conformity with the conditions of Contract, specification, drawings, Bill of Quantities
and Addenda for the sum(s) of
(------------------------------------------)
2. We undertake, if our Bid is accepted, to commence the Works as soon as is

reason-ably possible after the receipt of the Engineer's notice to commence, and to
complete the whole of the Works comprised in the Contract within the time stated in the
document.
3. We agree to abide by this Bid for the period of 120 days from the date fixed for
receiving the same, and it shall remain binding upon us and may be accepted at any time
before the expiration of that period.
4. Unless and until a formal Agreement is prepared and executed this Bid, together
with your written acceptance thereof, shall constitute a binding contract between us.
We understand that you are not bound to accept the lowest or any tender you may
receive.
We accept the appointment of Shri. ........................................................ as the

Dispute Review Expert.
(OR)
We do not accept the appointment of Shri. .......................... as the Dispute Review Expert
and propose instead that Shri. ........................ be appointed as Dispute Review Expert,
whose BIO-DATA is attached.
Dated this .......................day of ......................... 20.................

111
Signature _______________________ in the capacity of _________duly authorised sign
bids for and on behalf of ......................................................................................................
(in block capitals or typed)
Address
................................................................................................................................................
Witness
................................................................................................................................................
..........
Address
................................................................................................................................................
........
Occupation
................................................................................................................................................
...
# Note-The bidder will submit this form online without his financial offer. The bidder
shall fill the rates online in the BOQ sheet provided in the e-tender portal only

112
SECTION 7
BILL OF QUANTITIES

113
BILL OF QUANTITIES
Preamble
1. The Bill of Quantities shall be read in conjunction with the Instructions to Bidders,
Conditions of Contract, Technical Specifications and Drawings.
2. The quantities given in the Bill of Quantities are estimated and provisional, and are
given to provide a common basis for bidding. The basis of payment will be the actual
quantities of work ordered and carried out, as measured by the Contractor and verified by
the Engineer and valued at the rates and prices tendered in the priced Bill of Quantities,
where applicable, and otherwise at such rates and prices as theEngineer may fix within the
terms of the Contract.
3. The rates and prices tendered in the priced Bill of Quantities shall, except in sofar
as it is otherwise provided under the Contract, include all constructional plant, labour,
supervision, materials, erection, ·maintenance, insurance, profit, taxes and duties, together
with all general risks, liabilities and obligations set out or implied in theContract.
4. The rates and prices shall be quoted entirely in Indian Currency.
5. A rate or price shall be entered against each item in the Bill of Quantities, whether
quantities are stated or not. The cost of Items against which the Contractor has failed to
enter a rate or price shall be deemed to be covered by other rates and prices entered in the
Bill of Quantities.
6. The whole cost of complying with the provisions of the Contract shall be included
in the items provided in the priced Bill of Quantities, and where no Items are pro-vided the
cost shall be deemed to be distributed among the rates and prices entered for the related
Items of Work.
7. General directions and descriptions of work and materials are not necessarily re-
peated or summarized in the Bill of Quantities. References to the relevant sections of the
contract documentation shall be made before entering rates or prices against each item in
the Bill of Quantities.
114
8. The method of measurement of completed work for payment shall be in accordance

with the specification for Road and Bridge Works published by the Ministry of Surface
Transport (edition).
9. Errors will be corrected by the Employer for any arithmetic errors pursuant to
Clause 29 of the Instructions to Bidders.
10. Rock is defined as all materials which, in the opinion of the Engineer, require
blasting' or the use of metal wedges and sledgehammers, or the use of compressed air
drilling for its removal, and which cannot be extracted by ripping with a tractor of at least
150 kw with a single rear mounted heavy duty ripper.
Note: The bidder shall fill the rates online in the BOQ sheet provided in the e-tender portal
only
115
BILL OF QUANTITIES
Sr. Description of Item (with Quantity Unit Rate Amount
No. brief specification and In Figures In

reference to book of Words
specification)
Note:
Item for which no rate or price has been entered in will not be paid for by the Employer
when executed and shall be deemed covered by the other rates and prices in the bill of
quantities (Refer: ITB Clause 13.2 and GCC Clause 43.3)
Unit rates and prices shall be quoted by the bidder in Indian rupee [ITB Clause 14]
Where there is a discrepancy between the rate in figures and words, the rates in words will
govern. [ITB Clause 27.1(a)]
Where there is a discrepancy between the unit rate and the line item total resulting from
multiplying the unit rate by quantity, the unit rate quoted shall govern [ITB Clause 27.1(b)]
116
ADDITIONAL CONDITIONS FOR MATERIALS BROUGHT BY CONTRACTOR
(CEMENT, HYSD/T.M.T. /MILD STEEL BARS, HIGH TENSILE STEEL BARS,) ETC.
All the materials such as cement, MILD/T.M.T. steel bars, Marble, Granite, Vitrified
tiles, Ceramic Tiles, Kota stone, Kadappa stone etc. required for execution of work shall be
brought by the contractor at his own cost.
The contractor shall maintain the record of these materials (cement, steel etc.) in the
prescribed proforma and registers as directed by Engineer-in-charge. The sample of

prescribed proforma is attached at the end ( Page No. 81 to 84). These registers shall be
signed by both, the contractors and representative of the Engineer-in-charge. These
registers shall be made available for inspection, verification for the Department as and
when required. These registers shall be in the custody of Department, and shall be
maintained by the Department.
The Contractor shall submit periodically as well as on completion of work, an
account of all materials used by him on the work. In addition, a separate register shall be
maintained on site for recording daily item wise asphalt, cement consumption and also
item wise consumption of other materials. This shall be signed daily by
Contractor or his representative and representative of Engineer-in-charge.

The material required only for this work shall be kept in the godown at site. No material
shall be shifted outside of the godown site except for the work for which this agreement is
entered, without prior approval of the Engineer-in-charge.
The materials i.e. Cement, Steel, Marble, Granite, Vitrified tiles, Ceramic tiles, Kota stone,
Kadappa stone etc. brought on the work site shall be accompanied with necessary
Company / Manufacturing firm’s test certificates. In addition these materials shall be tested
as per frequency prescribed by the department and the cost of such testing shall be borne
by the contractor. If the test results are satisfactory, then and then only the material shall be
allowed to be used on the work. If the test results are not as per standards
prescribed, these materials shall be immediately removed from the work site at contractor’s
cost. In case of cement, if so requested by the contractor in writing, material shall be
allowed to be used before receipt of test results but this will be entirely at the risk and cost
of the contractor.
The contractor shall produce sufficient documentary evidence i.e. bill for the purchase,
Octroi receipts etc., bill for the purchase of materials brought on the work site at once if so
requested by the Department.
All these materials i.e. cement, steel, etc. shall be protected from any damages, rains etc. by
the contractor at his own cost.
The Contractor will have to erect temporary shed of approved specifications for storing of
above materials at work site at contractor’s cost having double locking arrangements (By
double lock it is meant that godown shall always be locked by two locks, one lock being
owned and operated by Contractor and other by Engineer-in-charge or his authorized
representative ) and the door shall be openable only after both locks are opened.
117
If required, the weighment of cement bags, steel etc. brought by the contractor shall be
carried out by the contractor at his own cost.
The contractor shall not use cement and other material for the item to be executed outside
the scope of this contract except for such ancillary small items as are connected and
absolutely necessary for this work as may be decided by the Engineer-in-charge.
The Government shall not be responsible for the loss in cement, steel, granite, marble, tiles
etc. during transit to work site.
The cement brought by the contractor at the work site store shall mean 50 Kg., equivalent
to
0.0347 cubic meter per bag by weight. The rate quoted should correspond to this method of
reckoning. In case of ordinary/controlled concrete, if cement is found short, the shortage /
shortages will be made good by the contractor at his cost.
11) INDEMNITY
The condition regarding indemnity as defined on Page No. -- at Sr. No. 8.6 will
apply mutatis mutandis in case of materials brought by contractor at the site for the
execution of the work being executed under this contract.
In case the materials brought by the contractor become surplus owing to the change in the
design of the work, the materials should be taken back by the contractor at his own cost
after prior permission of Engineer-in-charge.
All empty bags or empty asphalt drums shall be the property of contractor and the same
shall be removed immediately after completion of work.
118
Additional Condition for Tree Plantation

The Contractor shall plant, 200 trees, in the building premises, as directed by the
Engineer-in Charge, immediately after handing over the site for the work, without any
extra cost. The maintenance of trees and its' rearing shall be done for the period of
completion of work and till the end of defect liability period for Building Proper. The trees
grown and developed will be the property of Department. The List of plantation of Trees as
per Annexure –I on page No. 127 (b) of This NIT, at the end of this clause.
(2) If the Contractor fails to plant the trees of rear them properly, till the end of defect
liability period for Building proper, contractor shall be penalised @ 200/- per day for the
period reckoned from the date of work order, up-to building to the department.
SPECIFICATION FOR ITEM OF TREE PLANTATION

Item Plantation of trees including clearing of site, digging pits for plantations, providing &
planting plants, rearing to plantations including watering, guarding and maintaining etc.
1) General :- The Work shall include preliminaries of clearing of site, digging of pits,
procurement of plant, their plantation, rearing of plants, watering periodically, guarding if
necessary and maintaining the trees during entire contract period till the end of defect
liability period for building proper, as directed by Engineer-in-charge.
2) Clearing of site and digging pits for plantation
The site where plantation is to be done shall be cleared and pits of size of 50 cm X
50 cm X 50 cm shall be dug-out for each tree at the location fixed by the Engineer-in-
Charge. If the earth dug out is of fertile nature same shall b e used during plantation or also
it shall be replaced by earth of fertile nature for proper growth of trees.
3) Planting of trees:- The plant species to be planted will be as directed by the

Department. The Plantation should be done as per layout giver by the Department. About
½ or 1 year old healthy plants of specified species may be procured well in advance. The
Plantation shall be carried out immediately after the site is handed over to the contractor.
4) Guarding trees :- The guarding of tree plantation will be the responsibility of the
Contractor. The Contractor should provide necessary guarding arrangements like, tree
guard etc, for each tree plant or group of tree plant; (barbed wire fencing for group of
plant) as per the layout and shall be handed over to the department. along-with the plants
while handing over them over to Department.
5) Watering :- Regular watering after the rainy season should be done, However in case
there are long spells in between showers, watering in such long spells, will have to be done
to the young plantation for proper survival. About ten litters of water be utlised per plant in
each watering. The watering spell should be such as to enable the trees to grow in healthy
manner.
119
6) Maintenance:- Stirring of soil and removal of weeds around the plants will have to be
done once in a month till the end of defect liability period. As the plants grow care would
be taken to remove the side shoots or branches. 1½ to 2 ghamela full of mixture of soil and
farm yard manure in 1:1 proportion be applied to each plant for proper growth once in six
months. Spraying of insecticides to protect the plants from insects should be done in six
months. In case of possibility of accumulation of water around plants during monsoon, or
otherwise proper precautionary measure shall be taken so that no water accumulates there.
7) Refund of Balance Security Deposit.
The balance Security Deposit will be released after satisfactory tree plantation is achieved,
i. e. plantation and growing of trees and rearing of plantation is completed till the end of
defect liability period.
120
ANNEXURE – I
LIST OF PLANTS TO BE PLANTED
1. Azadiraehta indica कडू 6नब
2. Poincoana region गुलमोहर
3. Facus retusa उं बर
4. Ficus bengalensis
5. Feronia elephantum किवठ
6. Eagenia Jambulana जांभळ

ू
7. Mango आंबा
8. Milling tonia hortenis बुचेची झाडे

121
SECTION -8
SECURITIES AND OTHER FORM
BID SECUTIRY (BANK GUARANTEE)
WHERE AS, ………………………………….. [name of Bidder] (hereinafter called “the

Bidder”) has submitted his Bid dated ……………………………….. [date] for the
construction of ……………….. ……………………………………. [name of Contract
hereinafter called “the Bid”]
KNOW ALL PEOPLE by these presents that we

……………………………………………………….. [name of Bank] of
…………………………………………….. [ name of country] having our registered office
at ………………………………………. (hereinafter called “the Bank”) are bound unto
…….. ……………………………………. [name of Employer] (hereinafter called “the
Employer”) in the sum of ……………………………………………….. *for which
payment well and truly to be made to the said Employer the Bank itself, his successors and
assigns by these presents.
SEALED with the Common Seal of the said Bank this …………………….. day of
…………….. 20…..
THE CONDITIONS of this obligation are :
(1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity
specified in the Form of Bid;
OR
(2) If the Bidder having been notified to the acceptance of his bid by the Employer
during the period of Bid validity :
(a) fails or refuses to execute the Form of Agreement in accordance with the
Instructions to Bidders, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the
Instructions to Bidders:or
(c) does not accept the correction of the Bid Price pursuant to Clause 27.
We undertake to pay to the Employer up to the above amount upon receipt of his
first written demand, without the Employer having to substantiate his demand, provided
122
that in his demand the Employer will note that the amount claimed by him is due to him
owing to the occurrence of one or any of the three conditions, specifying the occurred
condition or conditions.
Original
This Guarantee will remain in force up to and including the date

…………………….. ** days after the deadline for submission of Bids as such deadline is
stated in the Instructions to Bidders or as it may be extended by the Employer, notice of
which extension(s) to the Bank is hereby waived. Any demand in respect of this guarantee
should reach the Bank not later than the above date.
DATE ……………………………….. SIGNATURE

………………….
WITNESS …………………………… SEAL

……………………….
[Signature, name and address]
* The Bidder should insert the amount of the guarantee in words and figures
denominated in Indian Rupees. This figure should be the same as shown in Clause 16.1 of
the Instructions to Bidders.
** 45 days after the end of the validity period of the Bid. Date should be inserted by
the Employer before the Bidding documents are issued.
123
PERFORMANCE BANK GUARANTEE
To
………………………………………………….. [name of Employer]
………………………………………………….. [ address of Employer]

……………………………………………………
WHERE AS ………………………………………………………. [name
and address of Contractor] (hereafter called “the Contractor”) has undertaken. in pursuance
of Contract No. …………. dated …………………….. to execute
……………………………………………… [ name of Contract and brief description of
Works] (hereinafter called “the Contract”).
AND WHERE AS it has been stipulated by you in the said contract that the
Contractor shall furnish you with a Bank Guarantee by a recognized bank for the sum
specified therein as security for compliance with his obligation in accordance with the
Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank
Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and
responsible to you on behalf of the Contractor, up to a total of
………………………………………………. (amount of guarantee] *
………………………………………………. (in words), such sum being payable in the
types and proportions of currencies in which the Contract Price is payable, and we
undertake to pay you, upon your first written demand and without cavil or argument, any
sum or sums within the limit of ………………………………………….. [amount of
guarantee] as aforesaid without your needing to prove or to show grounds or reasons for
our demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the
contractor before presenting us with the demand.
We further agree that no change or addition to or other modification of the
terms of the contract or of the Works to be performed there under or of any of the Contract
documents which maybe made between your and the Contractor shall in any way release us
from any liability under this guarantee, and we hereby waive notice of any such change,
addition or modification.
This guarantee shall be valid until 28 days from the date of expiry of the
Defect Liability Period.
Signature and Seal of the Guarantor …………………………………

Name of Bank ………………………………….
Address …………………………………
Date …………………………………….
………………………………………………………………………………………………
……………...
An amount shall be inserted by the Guarantor, representing the percentage the Contract
Price specified in the Contract including additional security for unbalanced Bids, if any and
denominated in Indian Rupees.
Original
INDENTURE FOR SECURED ADVANCES
FORM 31
(for use in cases in which the contract is for finished work and the contractor has entered
into an agreement for the execution of a certain specified quantity of work in a given time)
124
This indenture made the ………………………………. day of

…………………. 20….. BETWEEN ……………………………………………….
(hereinafter called the contractor which expression shall where the context so admits or
implies be deemed to include his executors, administrators and assigns) or the one part and
the Employer of the other part.
Whereas by an agreement dated …………………………………

(hereinafter called the said agreement) the contractor has agreed.
AND WHEREAS the contractor has applied to the Employer that he may be
allowed advanced on the security of materials absolutely belonging to him and brought by
him to the site of the works the subject of the said agreement for use in the construction of
such of the works as he has undertaken to executive at rates fixed for the finished work
(inclusive of the cost of materials and labour and other charges)
AND WHEREAS the Employer has agreed to advance to the Contractor the
sum of Rupees …………………………………………. on the security of materials the
quantities and other particulars of which are detailed in Accounts of Secured Advances
attached to the Running Account bill for the said works signed by the Contractor on
……………………….. and the Employer has reserved to himself the option of making any
further advance or advances on the security of other materials brought by the Contractor to
the site of the said works.
Now THIS INDENTURE WITNESSETH that in pursuance of the said

agreement and in consideration of the sum of Rupees ………………………………………
on or before the execution of these presents paid to the Contractor by the Employer (the
receipt where of the Contractor doth hereby acknowledge) and of such further advances (if
any) as may be made to him as a for said the contractor doth hereby covenant and agree
with the President and declare as follows:
(1) That the said sum of Rupees ……………………………………… so advanced by
the Employer to the Contractor as aforesaid and all or any further sum of sums advanced as
aforesaid shall be employed by the Contractor in or towards expending the execution of the
said works and for no other purpose whatsoever.
(2) That the materials details in the said Account of Secured Advances which have
been offered to and accepted by the Employer as security are absolutely the Contractor’s
own propriety and free from encumbrances of any kind and the contractor will not make
any application for or receive a further advance on the security of materials which are not
absolutely his own property and free from encumbrances of any kind and the Contractor
indemnified the Employer against all claims to any materials in respect of which an
advance has be made to him as aforesaid.
Original
(3) That the materials detailed in the said account of Secured Advances and all other
materials on the security of which any further advance or advances may hereafter be made
as aforesaid (hereafter called the said materials) shall be used by the Contractor solely in
the execution of the said works in accordance with the directions of the Engineer.
(4) That the Contractor shall make at his own cost all necessary and adequate
arrangements for the proper watch, safe custody and protection against all risks of the said
materials and that until used in construction as aforesaid the said materials shall remain at
the site of the said works in the Contractor’s custody and on his own responsibility and
shall at all times be open to inspection by the Engineer or any officer authorized by him. In
the event of the said materials or any part thereof being stolen, destroyed or damaged or
becoming deteriorated in a greater degree than is due to reasonable use and wear thereof
125
the Contractor will forthwith replace the same with other materials of like quality or repair
and make good the same required by the Engineer.
(5) That the said materials shall not be any account be removed from the site of the said
works except with the written permission of the Engineer or an officer authorized by him
on that behalf.
(6) That the advances shall be repayable in full when or before the Contractor receives
payment from the Employer of the price payable to him for the said works under the terms
and provisions of the said agreement. Provided that if any intermediate payments are made
to the Contractor on account of work done than on the occasion of each such payment the
Employer will be at liberty to make a recovery from the Contractor’s bill for such payment
by deducting there from the value of the said materials than actually used in the
construction and in respect of which recovery has not been made previously, the value for
this purpose being determined in respect of each description of materials at the rates at
which the amounts of the advances made under these presents were calculated.
(7) That if the Contractor shall at any time make any default in the performance or
observance in any respect of any of the terms and provisions of the said agreement or of
these presents the total amount of the advance or advances that may still be owing of the
Employer shall immediately on the happening of such default be repayable by the
contractor to be the Employer together with interest thereon at twelve percent per annum
from the date or respective dates of such advance or advances to the date of repayment and
with all costs, charges, damages and expenses incurred by the Employer in or for the
recovery thereof or the enforcement of this security or otherwise by reason of the default of
the Contractor and the Contractor hereby covenants and agrees with the Employer to reply
and pay the same respectively to him accordingly.
(8) That the Contractor hereby charges all the said materials with the repayment to the
Employer of the said sum of Rupees ………………………………………………………
and any further sum of sums advanced as aforesaid and all costs, charges, damages and
expensed payable under these presents PROVIDED ALWAYS and it is hereby agreed and
declared that notwithstanding anything in the said agreements and without prejudice to the
power contained therein if and whenever the covenant for payment and repayment here-in-
before contained shall become enforceable and the money owing shall not be paid in
accordance there with the Employer may at any time thereafter adopt all or any of the
following courses as he may deem best :
Original
(a) Seize and utilize the said materials or any part thereof in the completion of the said
works on behalf of the contractor in accordance with the provisions in that behalf contained
in the said agreement debiting the contractor with the actual cost of effecting such
completion and the amount due to the contractor with the value of work done as if he had
carried it out in accordance with the said agreement and at the rates thereby provided. If the
balance is against the contractor, he is to pay same to the Employer on demand.
(b) Remove and sell by public auction the seized materials or any part there of and out
of the moneys arising from the sale retain all the sums aforesaid repayable or payable to the
Employer under these presents and pay over the surplus (if any) to the Contractor.
(c) Deduct all or any part of the moneys owing out of the security deposit or any sum
due to the Contractor under the said agreement.
(9) That except in the event of such default on the part of the contractor as aforesaid
interest on the said advance shall not be payable.
126
(10) That in the event of any conflict between the provisions of these presents and the
said agreement the provisions of these presents shall prevail and in the event of any dispute
or difference arising over the construction or effect of these presents the settlement of
which has not been here-in-before expressly provided for the same shall be referred to the
Employer whose decision shall be final and the provision of the Indian Arbitration Act for
the time being in force shall apply to any such reference.
Letter of Acceptance
(Letterhead paper of the Employer)
…………………………………………. (Date)
To
…………………………………………….. (Name and address of the
Contractor)
……………………………………………..
……………………………………………..
Dear Sirs,
This is to notify you that your Bid dated ………………………………. for

execution of the …………………………………………………………. (name of the
contract and identification number, as given in the Instructions to Bidders) for the Contract
Price of Rupees …………………… …………………………………..
(………………………………….) (amount in words and figures), as corrected and
modified in accordance with the Instructions to Bidders1 is hereby accepted by our agency.
We accept/do not accept that ……………………………………. be
appointed as the Adjudicator2. You are hereby requested to furnish Performance Security,
in the form detailed in Para 34.1 of ITB for an amount equivalent to Rs.
………………………….. within 21 days of the receipt of this letter of acceptance valid up
to 28 days from the date of expiry of defects Liability Period i.e. up to
………………………………………………. and sign the contract, failing which action as
stated in Para 34.2 of ITB will be taken
Yours faithfully
Authorized Signature
Name and title of Signatory
Name of Agency
1. Delete “corrected and” or “and modified” if only one of these actions applies.
Delete as corrected and modified in accordance with the Instructions to Bidders, if
corrections or modifications have not been affected.
2. To be used only if the Contractor disagrees in his Bid with the Adjudicator
proposed by the Employer in the “Instructions to Bidders”.
Issue of Notice to proceed with the work

127
(Letterhead of the Employer)
…………………………………………. (Date)
To
…………………………………………….. (Name and address of the
Contractor)
……………………………………………..
……………………………………………..
Dear Sirs,
Pursuant to your furnishing the requisite security as stipulated in ITB Clause

34.1 and signing of the Contract for the construction of
………………………………………………………….
………………………………………………………………………………………………
…………….
………………………………………………………………………………………………
…………. at a Bid Price of Rs.
………………………………………………………………………………
You are hereby instructed to proceed with the execution of the said works in
accordance with the contract documents.
Yours faithfully
(Signature, name and title of signatory

authorized to sign on behalf of Employer)
128
Agreement Form
Agreement
This agreement, made the …………………………. day of
…………………….. between ……………………………………………….(name and
address of Employer) [hereinafter called “the Employer] and
………………………………………… (name and address of contractor) hereinafter called
“the Contractor” of the other part.
Whereas the Employer is desirous that the Contractor execute

………………………………………………………………(name and identification
number of Contract) (hereinafter called “the Works”) and the Employer has accepted the
Bid by the Contractor for the execution and completion of such works and the remedying
of any defects therein, at a cost of Rs. …………
NOW THIS AGREEMENT WITNESSETH as follows :
1. In this Agreement, words and expression shall have the same meanings as are
respectively assigned to them in the conditions of contract hereinafter referred to and they
shall be deemed to form and be read and construed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and
complete the Works and remedy any defects therein in conformity in all aspects with the
provisions of the contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the

execution and completion of the Works and the remedying the defects wherein Contract
Price or such other sum as may become payable under the provisions of the contract at the
times and in the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be ready and construed as
part of this Agreement viz.
Letter of Acceptance
Notice to proceed with the works;
Contractor’s Bid
Condition of Contract : General and Special
Contract Data
Additional condition
Drawings
Bill of Quantities and Any other documents listed in the Contract Data as forming part of
the Contract.
In witnessed whereof the parties there to have caused this Agreement to be
executed the day and year first before written.
The Common Seal of ……………………………………………………………….. was

hereunto affixed in the presence of :
Signed, Sealed and Delivered by the said
……………………………………………….………………………………………………
………………………………………………………………………………….
in the presence of :
Binding Signature of Employer …………………………………………………………
Binding Signature of Contractor …………………………………………………………
129
UNDERTAKING
I, the undersigned do hereby undertake that our firm M/s

………………………………..
…………………………………………………………………………… agree to abide by
this bid for a period ……………………………………. days for the date fixed for
receiving the same and it shall be binding on us and may be accepted at any time before the
expiration of that period.
…………………………………………………………..
(Signed by an Authorized Officer of the Firm)
…………………………………………
Title of Officer
…………………………………………….
Name of Firm
…………………………………..
DATE
130
SECTION 9
DRAWINGS
“Detailed Drawings can be seen in the office of he Executive Engineer, P.W. Division
Yavatmal (Maharashatra) on any working day.”
Drawing No. -1
Drawing No. -2
131
SECTION 10
DOCUMENTS TO BE FURNISHED BY BIDDER

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1

PUBLIC WORKS DEPARTMENT

PUBLIC WORKS REGION, AMRAVATI

PUBLIC WORKS CIRCLE, YAVATMAL

PUBLIC WORKS DIVISION, YAVATMAL

STANDARD BIDDING DOCUMENT

ITEM RATE TENDER

PART-I : COMPLETE BIDDING DOCUMENT

BID VALUE :- Rs. 13,60,41,422/-

Bid Security (E.M.D.)VALUE :- Rs. 6,81,000/-

E-Tender Notice No. 19 for 2017-18 Work No.3

Tender I D No. 2017 ...............

Contractor No of Corrections Executive Engineer

PUBLIC WORKS DEPARTMENT PROJECT

Name of work : Construction of 160 Girls Hostel Building for Shri

Date & time of submission of bid

Contractor No of Corrections Executive Engineer

INVITATIONS FOR BIDS (IFB)

Contractor No of Corrections Executive Engineer

..   . -2017/..8/-2  ! 12 ल, 2017

2-  b$लc+ !ल+ :-  ! .  !

*.. 5401 / ल/  . 11.10.2017

Contractor No of Corrections Executive Engineer

1. The Tender can be downloaded as per e-tendering schedule up to am/pm of – dated

Sr.No Approximate value of work Bid Security

Contractor No of Corrections Executive Engineer

SECTION 1 – INSTRUCTIONS TO BIDDERS (ITB)

Page No. Page No.

C. Preparation of Bids 30. Deleted

Contractor No of Corrections Executive Engineer

Guidelines to Bidders on the operations of Electronic Tendering System of Public Works

Pre-requisites to participate in the Tenders processed by PWD :

1. Enrolment and Empanelment of Contractors on Electronic Tendering System:

Obtaining a Digital Certificate :

Contractor No of Corrections Executive Engineer

3. Recommended Hardware and Internet Connectivity:

4. Set up of Computer System for executing the operations on the Electronic

To operate on the Electronic Tendering System of Government of Maharashtra, the Computer

Payment for Service Provider Fees :

B. Steps to be followed by Contractors to participate in the e-Tenders processed by PWD

1. Preparation of online Briefcase:

Contractor No of Corrections Executive Engineer

2. Online viewing of Detailed Notice Inviting Tenders:

3. Download of Tender Documents:

4. Online Bid Preparation and Submission of Bid Hash (Seal) of Bids:

* Realisation of NEFT/RTGS payment normally takes 2 to 24 hours, so it is advised to make sure

* NEFT/RTGS option will be depend on the amount of EMD.

Contractor No of Corrections Executive Engineer

Notes:The Contractors upload a single document or a compressed file containing multiple

5. Close for Bidding (Generation of Super Hash Values) :

6. Decryption and Re-encryption of Bids (submitting the Bids online):

7. Shortlisting of Contractors for Financial Bidding Process :

8. Opening of the Financial Bids :

Contractor No of Corrections Executive Engineer

9. Tender Schedule (Key Dates):

C) Terms and Conditions For Online-Payments

Contractor No of Corrections Executive Engineer

General Terms and Conditions For E-Payment

(ii) any interruption or errors in the operation of the Payment Gateway.

Choose a new password, whenever required for security reasons.

Keep his/ her User ID & Password strictly confidential.

Debit/Credit Card, Bank Account Details

Contractor No of Corrections Executive Engineer

.. . -2017/..8/-2 ! 12 ल, 2017

2- b$लc+ !ल+ :- ! . !

*.. 5401 /ल/ . 11.10.2017

Assessed Available Bid capacity = ( AN2 - B )