OFFICE OF THE CHIEF MUNICIPAL OFFICER,

Nagar Palika/Parishad, Vidisha

District Vididha (M.P.)
Email: cmovidisha@mpurban.gov.in

Tender Document

NIT Number : 943/cmovidisha/2025

Date : 30/01/2025

Name of Work : Supply and Instalation of Pumps at WTP Vidisha

Probable Amount of Contract : Rs 4000000.00

Cost of Tender Document : Rs 5000.00

Stipulated Period of Completion : 180 days after Work order date

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 Table of Contents

S.No. Particulars Page

1 Section 1-NIT 3 to 5

2 Section 2 - Instructions to Bidder (ITS) 6 to 10

Bid Data Sheet 11 to 33

3 Section 3 - (i) General Conditions of Contract (GCC) 34 to 49

Contract Data 50 to 64

4 (ii) Special Conditions of Contract (SCC) 65

5 Section 4 - Bill of Quantities (BoQ) 66

6 Section 5 - Agreement Form 67

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 SECTION 1
Notice Inviting e-Tenders
OFFICE OF THE CHIEF MUNICIPAL OFFICER,
Nagar Parishad, Vidisha
District Vidisha (M.P.)
Email: cmovidisha@mpurban.gov.in

NIT Number: - 943/ cmovidisha/2023 Dated: 30/01/2025

Online percentage rate bids for the following works are invited from registered contractors and
firms of repute fulfilling registration criteria:

S. No. Probable Amount Completion

Work
/Pkg/Code (Rs. Period (months)
Supply and Instalation of Pumps at 180 days after Work
1 4000000.00 order date
WTP Vidisha
1. Interested bidders can view the NIT on website https://www.mpetenders.gov.in

2. The Bid Document can be purchased only online from 17:00 P.M (time) 30/01/2025(date) to
17:30 P.M (time) 05/03/2025(date).

3. Amendments to NIT, if any, would be published on website only, and not in newspaper.

Chief Municipal Officer

Nagar Palika Parishad Vidisha
District Vidisha

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 Government of Madhya Pradesh
OFFICE OF THE CHIEF MUNICIPAL OFFICER,
Nagar Parishad,Vidisha ,
District ,Vidisha (M.P.)
Email: cmovidisha@mpurban.gov.in
NIT Number: - 943/cmovidisha /2023 Dated: 30/01/2025
Online percentage rate bids for the following works are invited from registered contractors and
firms of repute fulfilling registration criteria;
S. No. Probable Earnest Cost of Period of
Category Completion
/Pkg Name of Work Amount of Money Deposit Bid
of
/ Work Contract (EMD) Document (in
Contractor
Code (Rs. ) (In Rupees) (In Rupees) Months)

Supply and 90 days

1 Instalation of Pumps 30000.00 "C" Class after Work
4000000.00 5000.00 & Above
at WTP Vidisha nt order
cement

1. All details relating to the Bid Document(s) can be viewed and downloaded free of cost on the
website https://www.mpetenders.gov.in
2. Bid Document can be purchased after making online payment of portal fees through
Credit/Debit/Cash Card/internet banking.
3. At the time of submission of the Bid the eligible bidder shall be required to;
i. Pay the cost of Bid Document;
ii. Deposit the Earnest Money;
iii. Submit a checklist; and
iv. Submit an affidavit. Details can be
Details can be seen in the Bid Data Sheet.

4. ELIGIBILTY For BIDDERS:

(a) At the time of submission of the Bid the bidder should have valid registration with the
Government of Madhya Pradesh, PWD in appropriate class. However, such bidders who
are not registered with the Government of Madhya Pradesh and are eligible for registration
can also submit their bids after having applied for registration with appropriate authority.
(b) The bidder would be required to have valid registration at the time of signing of the
Contract.
(c) Failure to sign the contract by the selected bidder, for whatsoever reason, shall result in
forfeiture of the earnest money deposit.
5. Pre-qualification - Prequalification conditions, wherever applicable, are given in the Bid Data
Sheet.
6. Special Eligibility - Special Eligibility Conditions, if any, are given in the Bid Data Sheet.
7. The Bid Document can be purchased only online from 17:00 P.M (time) 30/01/2025(date) to
17:30 P.M (time) 05/03/2025(date). Other key dates may be seen in bid data sheet.
8. Amendments to NIT, if any, would be published on website only, and not in newspaper.
Note: Following conditions will over-rule the conditions stated in the tender documents,
wherever relevant and applicable.

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E-Tendering:
 For participation in e-tendering module, it is mandatory for prospective bidders to get
registration on website www.mpeproc.gov.in. Therefore, it is advised to all prospective bidders
to get registration by making on line registration fees payment at the earliest.
 Tender documents can be downloaded from website www.mpeproc.gov.in. However, the tender
document of those bidder shall be acceptable who have made online payment for the tender
documents fee of Rs 5000.00(Rs 5000.00only) plus service & gateway charges, without which
bids will not be accepted.
 Service and gateway charges shall be borne by the bidders.
 Since the bidders are required to sign their bids online using class-III Digital Signature
Certificates, they are advised to obtain the same at the earliest.
 For further information regarding issue of Digital Signature Certificate, the bidders are requested
to visit website www.mpeproc.gov.in. Please note that it may take upto 7 to 10 working days for
issue of Digital Signature Certificate. Client will not be responsible for delay in issue of Digital
Signature Certificate.
 If bidder is bidding first time for e tendering, then it is obligatory on the part of bidder to fulfill all
formalities such as registration, obtaining Digital Signature Certificate etc. well in advance.
 Bidders are requested to visit our e-tendering website regularly for any clarifications and/or due
date extension or corrigendum.
 Bidder must positively complete online e-tendering procedure at www.mpeproc.gov.in.
 Client shall not be responsible in any way for delay/difficulties/ inaccessibility of the downloading
facility from the website for any reason whatsoever.
 For any type of clarifications bidders/contractors can visit www.mpeproc.gov.in and held desk
contract No. 18002943484 and 18002943454.
 Interested bidders may attend the free training programme in Bhopal at their own cost. For
further query please contact help desk.
 The bidder who so ever is submitting the tender by his Digital Signature Certificate shall
invariably upload the scanned copy of the authority letter as well as submit the copy of the same
in physical form with the offer of this tender.
Apart from that, bidder has to submit separate envelopes of

1. EMD (Onlu On Lint) of Rs 30000.00 (Rs 30000.00Only) in Envelop- A and

2. Technical Bid in Envelop-B with all relevant enclosures

Envelop-A & Envelop-B are to be kept in one sealed envelope in physical form (as well as all the 3
Envelops must be submitted Online (The third envelope i.e. Envelope-C refers to financial proposal
which has to be submitted online only). The envelopes submitted in Physical Form should be properly
super scribed that this envelope contains 2 envelops of EMD and Technical bid against respective
tender with due date & time of tender opening as per NIT. This envelope should be submitted physically
as mentioned in Key Dates. Tenders received within specified time (e-tender as well as physical
submission) shall only be opened on the date specified in presence of the bidders or their authorized
representatives, whosoever may be present.

The prospective bidders will upload scanned self-certified copies of requisite documents as required in
e-tendering process.
The tender documents in physical form shall be accepted Hrs. The same may be dropped in this online.
1. Those physically submitted documents will be acceptable and considered, if, same are
uploaded on the website along with tender offer. Cognizance of other physically submitted
documents (if any) shall not be taken.
2. The physically submitted envelope of documents will be opened first. The tenders received
without pre-requisite EMD shall be returned unopened to the respective bidder. The tender
documents fees shall not be refunded.
Earnest Money Deposit and the tender fee:-

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  The Tender fee of Rs 5000.00(Rs 5000.00only) is to be submitted by bidder by making Online
Payment only against Tender.
The EMD of Rs 30000.00(30000.00Only)OnLine is to be submitted by bidder No Proposal will be
accepted without valid earnest money deposit and Tender Document fee paid Online.
 The prospective bidders/contractors, submitting EMD envelope in physical form as detailed
above for respective tender, will upload scanned self-certified copies of requisite EMD on the
website along with tender offer. Only those physically submitted document regarding EMD will
be acceptable and considered, if, same are uploaded in the website along with tender offer.
 Any mismatch, if found in the documents submitted in physical form and that uploaded online,
the documents ONLINE shall be considered final and no justification regarding this shall be
entertained by Client.
Technical bid: - Bidders must positively complete online e-tendering procedure at
www.mpeproc.gov.in. They shall have to submit the documents as prescribed in the RFP online in the
website.
 Hard copies of above technical offer, (uploaded in the website) must be submitted in a separate
sealed envelope supers scribing “Envelop-B technical bid for Tender No 00000_” . Only those
physically submitted documents regarding technical bids will be acceptable and considered, if,
same are uploaded in the website along with the Financial Bid.

Price bid: - Bidder shall have to submit the Price bid document as per the format given in RFP and
uploaded as per instructions therein. Physical submission of price bid will not be considered. The price
of technically qualified bidder shall be opened online at the notified date. The bidder can view the price
bid opening date by logging into web-site.
 On the due date of e-tender opening, the technical bid of bidders and EMD, will be opened
online. Client reserves the right for extension of due date of opening of technical bid.
 Client reserves the right to accept or reject any or all tenders without assigning any reason what
so ever.
 In case, due date for submission & opening of tender happens to be a holiday, the due date
shall be shifted to the next working day for which no prior intimation will be given.
 Any change/modifications/alteration in the tender documents by the Bidder shall not be allowed
and such tender shall be liable for rejection.
For amendment, if any, please visit www.mpeproc.gov.in web site regularly. In case of any bid
amendment and clarification, the responsibility lies with the bidders to note the same from web site.
Client shall have no responsibility for any delay/omission on part of the bidder.
.
Chief Municipal Officer
Nagar Parishad Vidisha
District Vidisha

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 SECTION 2
INSTRUCTIONS TO BIDDERS (ITB)

A. GENERAL
1. Scope of Bid
The detailed description of work, hereinafter referred as 'work', is given in the Bid Data Sheet.
2. General Quality of work:
The work shall have to be executed in accordance with the technical specifications specified in the Bid
Data/ Contract Data, and shall have to meet high standards of workmanship, safety and security of
workmen and works.
3. Procedure for Participation in E-tendering
The procedure for participation in e-tendering is given in the Bid Data Sheet.
4. One Bid Per Bidder
4.1 The bidder can be an individual entity or a joint venture ( i f permitted as per Bid Data Sheet).
In case the J.V. is permitted, the requirement of joint venture shall be as per the Bid Data
Sheet.
4.2 No bidder shall be entitled to submit more than one bid whether jointly or severally. If he
does so, all bids wherein the bidder has participated shall stand disqualified.
5. Cost of Bidding
The bidder shall bear all costs associated with the preparation and submission of his bid, and no claim
whatsoever for the same shall lie on the Government.
6. Site Visit and examination of works
The bidder is advised to visit and inspect the Site of Works and its surroundings and obtain for itself on its
own responsibility all information that may be necessary for preparing the bid and entering into a contract for
construction of the work. All costs in this respect shall have to be borne by the bidder.

B. Bid Documents
7. Content of Bid Documents
The Bid Document comprises of the following documents:
1. NIT with all amendments.
2. Instructions to Bidders
3. Conditions of Contract:
i) Part 1 General Conditions of Contract and the Contract Date; and
ii) Part I! Special Conditions of Contract.
4. Specifications
5. Drawings
6. Priced Bill of Quantities
7. Technical and Financial Bid
8. Letter of Acceptance
9. Agreement, and
10. Any other document(s), as specified.
8. The bidder is expected to examine carefully all instructions, conditions of contract, the con Intel data, forms,
terms and specifications, bill of quantities, forms and drawings in the Bid Document. Bidder shall be solely
responsible for his failure to do so.
9. Pre-Bid Meeting (where applicable)
Wherever the Bid Data Sheet provides for pre-bid meeting:
9.1 Details of venue, date and time would be mentioned in the Bid Data Sheet, Any change

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 in the schedule of pre-bid meeting would be communicated on the website only, and
intimation to bidders would not be given separately.
9.2 Any prospective bidder may raise his queries and/or seek clarifications in writing before
or during the pre-bid meeting. The purpose of such meeting is to clarify issues and answer
questions on any matter that may be raised at that stage. The Employer may, at his option,
give such clarifications as are felt necessary.
9.3 Minutes of the pre-bid meeting including the gist of the questions raised and the
responses given together with any response prepared after the meeting will be hosted
on the website. Pursuant to the pre-bid meeting if the Employer deems it necessary to
amend the Bid Document, it shall be done by issuing amendment to the online NIT.
10. Amendment of Bid Documents
10.1 Before the deadline for submission of bids, the Employer may amend or modify the Bid
Documents by publication of the same on the website.
10.2 All amendments shall form part of the Bid Document.
10.3 The Employer may, at its discretion, extend the last date for submission of bids by publication
of the same on the website.

C. Preparation of Bid
11. The bidders have to prepare their bids online, encrypt their Bid Data in the Bid Forms and submit Bid Seals
(Hashes) of ail the envelopes and documents related to the Bid required to be uploaded as per the time
schedule mentioned in the key dates of the
Notice Inviting e-Tenders after signing of the same by the Digital Signature of their Authorized
representative.
12. Documents Comprising the Bid
The bid submitted. Online by the bidder shall be in the following parts:
Part 1 - This shall be known as Online Envelope A and would apply for all bids. Online Envelop A
shall contain the following as per details given in the Bid Data Sheet:
i. Registration number or proof of application for registration and organizational details in format
given in the Bid Data Sheet.
ii. Payment of the cost of Bid Document;
iii. Earnest Money; and
iv. An affidavit duly notarized.
Part 2 - This shall be known as Online Envelope B and required to be submitted only in works where
pre-qualification conditions and/or special eligibility conditions are stipulated in the Bid Data Sheet,
Online Envelop B shall contain a self-certified sheet duly supported by documents to demonstrate
fulfillment of pre-qualification conditions.
Part 3 - This shall be known as Online Envelope C and would apply to all bids. Envelop C shall contain
financial offer in the prescribed format enclosed with the Bid Data Sheet.
13. Language
The bid as well as all correspondence and documents relating to the bid exchanged by the Bidder and the
Employer shall be in English or Hindi. Supporting documents and printed literature that are part of the Bid
may be in another language provided they are accompanied by an accurate translation of the relevant
passages in English. In such case, for the purposes of interpretation of the bid, such translation shall
govern.
14. Technical Proposal
14.1 Only, in case of bids with pre-qualification conditions defined in the Bid Data Sheet, the Technical
Proposal shall comprise of formats and requirements given in the Bid Data Sheet.
14.2 All the documents/ information enclosed with the Technical Proposal should be self-attested and

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 certified by the bidder. The Bidder shall be liable for forfeiture of his earnest money deposit, if
any document / information are found false/ fake/ untrue before acceptance of bid. If it is found
after acceptance of the bid, the bid sanctioning authority may at his discretion forfeit his
performance security/guarantee, security deposit, enlistment deposit and take any other
suitable action.
15. Financial Bid
i. The bidder shall have to quote rates in overall percentage, and not item wise. If the
bid is in absolute amount, overall percentage would be arrived at in relation to the
probable amount of contract given in NIT. The overall percentage rate would apply
for all items of work.
ii. Percentage shall be quoted in figures as well as in words. If any difference in figures
and words is found, lower of the two shall be taken as valid and correct.
iii. The bidder shall have to quote rates inclusive of all duties, royalties, levies and taxes
except Goods and Services Tax (GST) The amount of applicable GST will be paid
separately to the Contractor with each bill at the time of payment. The employer shall
not be liable for any duties, taxes (except GST) royalties and levies.
iv. The material along with the units and rates, which shall be issued, if any, by the
department to the contractor, is mentioned in the Bid Data Sheet.
16. Period of Validity Of Bids
The bids shall remain valid for a period specified in the Bid Data Sheet after the date of
"close for biding" as prescribed by the Employer. The validity of the bid can be extended
by mutual consent in writing.
17. Earnest Money Deposit (EMD)
"EMD/ Bid Secuiity shall be submitted only online using options available in the tender
portal within the specified time limit. Biddersare advised to process it well in advance.
No claim shail be entertained due to delay in online transactions via payment
gatewayi banl( ing portal. "
17.1 The Bidder shall furnish, as part of the Bid, Earnest Money Deposit (EMD), in the
amount specified in the Bid Data Sheet.
17.2 The EMD shall be in the form of Fixed Deposit Receipt of a scheduled commercial
bank, issued in favour of the name given in the Bid Data Sheet. The Fixed Deposit
Receipt shall be valid for six months or more after the last date of receipt of bids.
However, other form(s) of EMD may be allowed by the Employer by mentioning it in the
Bid Data Sheet.
17.3 Bid not accompanied by EMD shall be liable for rejection as non-responsive.
17.4 EMD of bidders whose bids are not accepted will be returned within ten working
days of the decision on the bid.
17.5 EMD of the successful Bidder will be discharged when the Bidder has signed the
Agreement after furnishing the required Performance Security.
17.6 Failure to sign the contract by the selected bidder, within the specified period, for
whatsoever reason, shall result in forfeiture of the earnest money deposit.

D. Submission of Bid
18. The bidder is required to submit online bid i.e. Envelop 'A', B & C Online only. no physical submission of the
Bid will be accepted except in exceptional case under clause

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 E. Opening and Evaluation of Bid
19. Procedure
19.1 Envelope 'A' shall be opened first and its contents shall be checked. In cases where Envelop
'A' does not contain all requisite documents, such bid shall be treated as non-responsive,
and Envelop B and/or C of such bid shall not be opened.
19.2 Wherever Envelop 'B' (Technical Bid) is required to be submitted, the same shall be opened
online at the time and date notified in the Bid Data Sheet. The bidder shall have freedom to
witness opening of the Envelop 'B'. Envelop 'C' (Financial Bid) of bidders who are not
qualified in Technical Bid (Envelop 'B'} shall not be opened.
19.3 Envelope 'C' (Financial Bid) shall be opened online at the time and date notified. The bidder
shall have freedom to witness opening of the Envelop 'C'.
19.4 After opening Envelop 'C' all responsive bids shall be compared to determine the lowest
evaluated bid.
19.5 The Employer reserves the right to accept or reject any bid, and to annul the bidding process
and reject all the bids at any time prior to contract award, without incurring any liability, in all
such cases reasons shall be recorded.
19.6 The Employer reserves the right of accepting the bid for the whole work or for a distinct
part of it.
19.7 "ln exceptional case, if physical submission of.certain documents is found essential, then
expressed prior permission must be obtained in writing by the tender issuing authority from
an authority, as authorized by the State Govemment. In such a case, such documents are
required to be submiued physically at the place and date specifred in the Bid Datq Sheef. In
case of any mismatch in the documents submitted in the physical form and that uploaded
online, or ifthe contractor fails to submit the document physically, the bid shall be liable for
rejection as non-responsive."
20. Confidentiality
20.1 Information relating to examination, evaluation, comparison and recommendation of
contract award shall not be disclosed to bidders or any other person not officially concerned
with such process until final decision on the bid.
20.2 Any attempt by a bidder to influence the Employer in the evaluation of the bids or contract
award decisions may result in the rejection of his bid.

F. Award of Contract
21. Award of Contract
The Employer shall notify the successful bidder by issuing a 'Letter of Acceptance' (LOA)
that his bid has been accepted. The original copy of affidavit will submitted by the successful
bidder at the time of signing of the contract."
22. Performance Security
22.1 Prior to signing of the Contract the bidder to whom LOA has been issued shall have to furnish
performance security of the amount in the form and for the duration, etc. as specified in the Bid
Data Sheet,
22.2 Additional performance security, if applicable, is mentioned in the Bid Data Sheet.
23. Signing of Contract Agreement
23.1 The successful bidder shall have to furnish Performance security and sign the contract
agreement within 15 days of issue of LOA.
23.2 The signing of contract agreement shall be reckoned as intimation to commencement of work. No
separate work order shall be issued by the Employer to the contractor for commencement of
work.

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 23.3 In the event of failure of the successful bidder to submit Performance Security or sign the
Contract Agreement, his EMD shall, stand forfeited without prejudice to the right of the employer
for taking any other action against the bidder.
24. CORRUPT PRACTICES
The Employer requires that bidders observe the highest standard of ethics during the procurement and
execution of contracts. In pursuance of this policy, the Employer:
i. may reject the bid for award if it determines that the bidder recommended for award has,
directly or through an agent, engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for the Contract; and
ii. may debar the bidder declaring ineligible, either indefinitely or for a stated period of time,
to participate in bids, if it at any time determines that the bidder has, directly or through an
agent, engaged in corrupt, fraudulent, collusive, or coercive practices in competing for, or in
executing, a contract.
For the purposes of this provision, the terms set forth above are defined as follows:
a. "corrupt practice" means the offering, giving, receiving, or soliciting,
directly or indirectly, anything of value to influence improperly the
actions of another party;
b. "fraudulent practice" means any act or omission, including a misrepresentation, that
knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or
other benefit or to avoid an obligation;
c. "coercive practice" means impairing or harming, or threatening to impair or harm, directly or
indirectly, any party or the property of the party to influence improperly the actions of a
party;
d. "collusive practice" means an arrangement between two or more parties designed to achieve
an improper purpose, including influencing improperly the actions of another party.

[End of lTB]

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 Bid Data Sheet
General

Particulars

Office of the Nagar Parishad Vidisha

NIT No 943/cmovidisha/2023

Date of NIT 30/01/2025

Bid document download available from date &

30/01/202517:00 P.M To 05/03/2025 17:30 P.M
time

Website link https://www.mpetenders.gov.in

For Section 1-NIT

Clause
Particulars Data
reference
7 Key dates Annexure A
2 Portal fees As Applicable
3 Cost of bid document Rs. 5000.00
Affidavit format Annexure B
5 Pre-qualifications required yes
If Yes, details Annexure C
6 Special Eligibility NO
if Yes, details

For Section 2 - ITB

1 Name of work : Supply and Instalation of Pumps at WTP Vidisha

2 Specifications Annexure - E
3 Procedure for participation in e-tendering Annexure - F
4 Whether J.V. is allowed No
if J.V. is allowed, requirement for Joint Venture -
9 Pre bid meeting to be held NO
If Yes, -
Envelope-A containing :
i. Registration number or proof of application
for registration and organizational details
12 ii. Cost of Bid Document Annexure - H
iii. EMD
iv. An affidavit duly notarized should reach in
physical form

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14 Envelope-B Technical Proposal Annexure 1 (1-1 to 1-5)
Envelope-C Financial Bid Annexure J
Materials to be issued by the department Annexure K
180 Days from the date of opening
16 Period of Validity of Bid of tender
17 Earnest Money Deposit Rs. 30000.00
i. Only On Line ii.
Forms of Earnest Money Deposit

not less than 180 days from the date of

EMD valid for a period of
opening of Financial Bid
21 Letter of Acceptance (LoA) Annexure L
22 Amount of Performance Security 3% of bid Amount
Additional Performance Security, if any Not required
Performance security in the format Annexure M
Performance security may be
submitted in either of the following
ways:
i) In the form of Bank Guarantee
(Format given in annexure M) before
signing the agreement
Performance security Tool OR
(to be decided by the mutual consent of ii) 3% against the Performance
Successful bidder and the employer) Security shall be deducted from the
running bills. This will be in addition to
the security deposit of 7% to be
deducted in each running bill.
iii) Additional performance guarantee
will be levied if the rates are more
than 15 %Below
Chief Municipal Officer,
Performance security in favour of Nagar Parishad, Vidisha
District , Vidisha (M.P.)

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 Annexure – A
KEY DATES

Publish Date: 30/01/2025 Pre-Bid meeting Date and Time:

01:30
Document Download/Sale Start 30/01/2025 Bid Submission Start Date: 17/02/2025
Date: 02:30 05:00
Bid Submission END Date: 05/03/2025
05:00
Bid Open Date: 07/03/2025
11:00

Note: Original term deposit receipt of earnest money deposit and affidavit shall be submitted by the
bidder so as to reach the office as prescribed in NIT for e-Tenders by “Physical Submission End Date”
mentioned above.

NOTE: THE ABOVE KEY DATES ARE INDICATIVE, URBAN LOCAL BODIES SHALL CHANGE THE
KEY DATES AS OER THEIR REQUIREMENTS

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 Annexure-B
(See clause 3 of Section 1 -NIT}

|| AFFIDAVIT I)
(To be Contained in Envelope A)

(On Non Judicial Stomp of Rs. 100)

I/we _______________ : ____________________________ ; ____________________ who is/ are (status in

the firm/ company) and competent for submission of the affidavit on behalf of M/S
___________________ (contractor) do solemnly affirm an oath and state that:

1
I/we am/are fully satisfied for the correctness of the certificates/records submitted in support
of the following information in bid documents which are being submitted in response to notice
inviting e-tender No.............................for (name of work) dated........................ issued by
the............................ (name of the department).
I/we am/ are fully responsible for the correctness of following self-certified
information/Digitally Signed documents and certificates:
1. That the self-certified information/ Digitally Signed documents given in the bid document
are fully true and authentic.
2. That:
a. Information regarding financial qualification and annual turnover, Submitted online is correct.
b. Information regarding various technical qualifications Submitted online is correct.
3. No close relative of the undersigned and our f irm/company is working in the department.
OR
Following close relatives are working in the department:
Name ______ _____ Post __. _________ _ Present Posting

Signature with Seal of the Deponent (bidder)

I/ We,__________________________above deponent do hereby certify that the

facts mentioned in above paras 1 to 3 are correct to the best of my knowledge and belief. in the
event of any information is found to be incorrect/untrue or found violated, then without giving any
prior notice, our bid shall be liable for rejection or termination of contract, without prejudice to any
other rights of remedy including the forfeiture of the bid security/performance security.

Verified today_________________(dated) at______________(place).

Signature with Seal of the Deponent (bidder)

Note: Affidavit duly notarized in original shall reach at least one calendar day before opening of the

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bid.

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 Annexure - C
(See douse 5 of Section 1 -N!T]
PRE-QUALIFICATIONS CRITERIA

The bidder should have:

A. Financial

i. experience of having successfully executed:

a) three similar works, each costing not less than the amount equal to 20% of the probable
amount of contract during the last 3 financial years; or

b} two similar works, each costing not less than the amount equal to 30% of the probable
amount of contract during the last 3 financial years; or

c) one similar work of aggregate cost not less than the amount equal to 50% of the probable
amount of contract in any one financial year during the last 3 financial years;

ii. Average annual construction turnover on the construction works not less than 50% of the
probable amount of contract during the last 3 financial years.

iii. Executed similar items of work in any one financial year during the last 3 financial years, which
should not be less than the minimum, physical requirement, if any, fixed for the work.

iv. Bid Capacity - Bidder shall be allotted work up to his available Bid Capacity, which shall be
worked out as given in format 1-2 of Annexure I.

B. Physical

Physical qualifications for the work shall be as below

Sno Particulars Quantity Period

1 Physical qualification required Yes

2 Supply of water treatment chemicals

3 Supply of water treatment chemicals

(The Employer shall specify all physical qualifications required).

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

17 | P a g e
 Annexure-D
(See clause 6 of Section 1 -NIT)

SPECIAL ELIGIBILITY CRITERIA

The bidder should have experience of:

A. Erection of Steel Gates

B. Construction of tunnel

C,

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

18 | P a g e
 ANNEXURE- E
{See clause 2 of Section 2 -ITB & Clause 10 of
GCC)

Specifications

1. MP ............................ Department Specifications,

2 ............................................

3.

(The soft copy of above specifications is available at departmental website

WWW.-mpurban.gov.in)
The provisions of general /special conditions of contract, those specified elsewhere in the bid
document, as well as execution drawings and notes, or other specifications issued in writing by
the Employer shall form part of the technical specifications of this work.

19 | P a g e
 Annexure- F
(See douse 3 of Section 2 -ITB)

Procedure for participation in e-tendering

1. Registration of bidders on e-tendering System:

All the bidders are required to register themselves on the e-tendering System on the website
http:// ______________________________ and for more details may contact M/s.

2. Digital Certificate:

The bids submitted online should be signed electronically with a Class III Digital Certificate to
establish the identity of the bidder submitting the bid online. The bidders may obtain Class III
Digital Certificate issued by an approved Certifying Authority authorized by the Controller of
Certifying Authorities, Government of India. A Class III Digital Certificate is issued upon receipt
of mandatory identity proofs along with an application. Only upon the receipt of the required
documents, a Digital Certificate can be issued.

Note:

/. It may take upto 7 working days for issuance of Class III Digital Certificate; hence the
bidders are advised to obtain the certificate at the earliest. Those bidders who already have
valid Class III Digital Certificate need not to obtain another Digital Certificate for the same.
The bidders may obtain more information and the Application Form required to
be submitted for the issuance of Digital Certificate from
M/s __________________________ .
//. Bids can be submitted during the ONLINE BID SUBMISSION stage only using the Digital
Certificate that is used to encrypt the data and sign the hash during the ONLINE BID
PREPARATION AND HASH SUBMISSION stage. In case, during the process of a particular bid,
the bidder looses his Digital Certificate because of any problem (such as misplacement virus
attack, hardware problem, operating system problem, etc.); he may not be able to submit his
bid online. Hence, the bidders are advised to keep their Digital Certificate in a safe place
under proper security to be used whenever required,

The digital certificate issued to the Authorized User of a Partnership firm / Private Limited
Company / Public Limited Company and used for online biding will be considered as
equivalent to a no-objection certificate / power of attorney to that user.
In case of Partnership firm, majority of the partners have to authorize a specific individual through
Authority Letter signed by majority of the partners of the firm.

20 | P a g e
In case of Private. Limited Company, Public Limited Company, the Managing Director has to authorize a
specific individual through Authority Letter. Unless the certificate is revoked, it will be assumed to
represent adequate authority of the specific individual to bid on behalf of the organization for online
bids as per Information Technology Act 2962. This Authorized User will be required to obtain a Digital
Certificate; The Digital Signature executed through the use of Digital Certificate of this Authorized User
will be binding on the firm. It shall be the responsibility of Management / Partners of the concerned firm
to inform the Certifying Authority, if the Authorized User changes, and apply for a fresh Digital Certificate
for the new Authorized User.

3. Set Up of Bidder's Computer System:

In order for a bidder to operate on the e-tendering System, the Computer System of
the bidder is required to be set up for Operating System, Internet Connectivity,
Utilities, Fonts, etc. The details are available at http:// ----------------- ............... —

4. Key Dates:

The bidders are strictly advised to follow the time schedule (Key Dates) of the bid on
their side for tasks and responsibilities to participate in the bid, as ail the stages of
each bid are locked before the start time and date and after the end time and date
for the relevant stage of the bid as set by the Department.

5. PREPARATION AND SUBMISSION OF BIDS, BID SEALS (HASHES)

The bidders have to prepare their bids online, encrypt their Bid Data in the Bid Forms
and submit Bid Seals (Hashes) of all the envelopes and documents related to the Bid
required to be uploaded as per the time schedule mentioned in the key dates of the
Notice Inviting e-Tenders after signing of the same by the Digital Signature of their
authorized representative.

6. Purchase of Bid Document

For purchasing of the bid document bidders have to pay Service Charge online ONLY
which is Rs. [as per Bid Data Sheet]. Cost of bid document is separately mentioned in
the Detailed NIT. The Bid Document shall be available for purchase to concerned
eligible bidders immediately after online release of the bids and upto scheduled time
and date as set in the key dates.
The payment for the cost of bid document shall be made by demand draft of any
nationalized/ scheduled commercial bank payable at [ a s per Bid Data Sheet in
. favour of [as per Bid Data Sheet].
9.1 Generation of Super- Hash

After the time of submission of Bid Seal (Hash) by the bidders has lapsed, the bid round will be
closed and the Employer shall generate a Bid Super-Hash which shall be digitally signed by the
Employer,

9.2 De-cryption and Re-encryption of Bid Data

Bidders have to decrypt the Bid Data with their Digital Certificate and re-encrypt the
Bid Data and also upload the relevant documents using Online Briefcase feature for

21 | P a g e
 which they had generated the Bid Seals (Hashes) during the Bid Preparation and
Hash Submission stage within the specified time as stated in the Key Dates.
The encrypted data of only those bidders, who have submitted their Bid Seals
(Hashes) within the stipulated time as per the Key Dates, will be accepted by the
system. A Bidder who has not submitted Bid Seals (Hashes) within the stipulated
time will not be allowed to decrypt and re-encrypt his Bid Data or upload the
.relevant documents.
The Bidder shall submit the following in three separate envelopes online:
a. Cost of Bid Document, Earnest Money Deposit
and Affidavit Envelope 'A'
b. Technical Proposal Envelope's'
c. Financial Bid Envelope 'C

Note: Bidders are required to submit the Original Term Deposit Receipt of Earnest Money Deposit,
Demand Draft being the cost of Bid Document and Affidavit in Envelope - 'A' physically. The
envelope should be sealed and shall bear the name of work, address of the Employer and name
and address of the bidder. The envelope should reach at the Employer's address at least one
calendar day before the start time and date fixed for opening of technical proposal as mentioned
in the Key Dates, Scanned copies of the some are to be uploaded online. In the Technical Proposal
the bidders are required to submit the documents described therein. The Financial Bids are also
to be submitted online only and shall not be considered by any other mode.

WITHDRAWAL, SUBSTITUTION AND MODIFICATION OF BIDS

Bidder cannot withdraw, substitute or modify the bid after generating the Bid Seal (Hash) by the Bidder.
However, if a bidder does not want to submit the bid after generating the Bid Seal (Hash), it can be done
by not re-encrypting the. bid.

22 | P a g e
 Annexure-G
(See clause 4 of Section 2 -ITB)

JOINT VENTURE (J.V.)

If J.V. is allowed following conditions and requirements must be fulfilled -
1. Bids submitted by a joint venture of two or more firms as partners shall comply with the
following requirements:
a. one of the partners shall be nominated as being Lead Partner, and this authorization
shall be evidenced by submitting a power of attorney signed by legally authorized
signatories of all the partners;
b. the bid and, in case of a successful bid, the Agreement, shall be signed so as to be legally
binding on all partners;
c. the partner in charge shall be authorized to incur liabilities and receive instructions
for and on behalf of any and all partners of the joint venture and the entire execution of
the contract, including payment, shall be done exclusively with the partner in charge;
d. all partners of the joint venture shall be liable jointly and severally for the execution
of the contract in accordance with the contract terms, and a statement to this
effect shall be included in the authorization mentioned under [c] above, as well as in
the bid and in the Agreement [in case of a
successful bid];
e. The joint venture agreement should indicate precisely the role of all members of JV in
respect of planning, design, construction equipment, key personnel, work execution, and
financing of the project. All members of JV should have active participation in
execution during the currency of the contract. This should not be varied/modified
subsequently without prior
approval of the employer;
f. The joint venture agreement .should be registered, so as to be legally valid and binding on
al! partners; and
g. a copy of the Joint Venture Agreement entered into by the partners shall be submitted
with the bid.
2. The figures for each of the partners of a joint venture shall be added together to determine the
Bidder's compliance with the minimum qualifying criteria required for the bid. All the partners
collectively must meet the criteria specified in full. Failure to comply with this requirement will
result in rejection of the joint venture's bid.
3. The performance security of a Joint Venture shall be in the name of the partner Lead
Partner/joint venture.
4. Attach the power of attorney of the signatory[ies] of the bid authorizing signature of
the bid on behalf of the joint venture
5. Attach the agreement among all partners of the joint venture [and which is legally
binding on all partners], which shows the requirements as indicated in the Instructions to
Bidders'.
6. Furnish details of participation proposed in the joint venture as below;
DETAILS OF PARTICIPATION IN THE JOINT VENTURE
PARTICIPATION DETAILS FIRM 'A' (Lead Partner) FIRM 'B' FIRM 'C
Financial
Name of the Banker(s)
Planning
Construction Equipment
Key Personnel
Execution of Work (Give details on
contribution of each)

23 | P a g e
 Format: H
{See clause 12 of Section 2 -
ITB & clause 4
of GCC]

ORGANIZATIONAL DETAILS
(To be enclosed with technical proposal)
S. No. Particulars Details
1. Registration number issued by Centralized
Registration System of Govt. of M.P. or
Proof of application for registration.
2. Registration No.
Valid Registration of bidder in appropriate
Date
class through Centralized Registration of (Scanned copy of Registration to be uploaded)
Govt. of MP
3. Name of Organization/ Individual
4. Entity of Organization Individual/ Proprietary
Firm/ Partnership Firm (Registered under
Partnership Act}/ Limited Company
(Registered under the Companies Act-
1956)/ Corporation/ Joint Venture

5. Address of Communication
6. Telephone Number with STD Code
7. Fax Number with STD Code
8. Mobile Number i
1
9. E-mail Address for all communications 1
Details of Authorized Representative -
10. Name
!
11. Designation
12. Postal Address
13. Telephone Number with STD Code
14. Fax-Number with STD Code
15. Mobile Number
16. E-mail Address

Note: In case of partnership firm and limited company certified copy of partnership
deed/ Articles of Association and Memorandum of Association along with
registration certificate of the company shall have to be enclosed.
Signature of Bidder with Seal Date:

24 | P a g e
 Annexure- I
(See clause 14 of Section 2 -IT8}

Envelope-B,Technical Proposal
Technical Proposal shall comprise the following documents:

Sno Particulars Details to be submitted

1 Experience - Financial & Physical Format: 1-1
2 Annual Turnover Format: 1-2
3 List of technical personnel for the key Format: 1-3

positions
4 List- of Key equipments/ machines for Format: 1-4
quality control labs
5 List of Key equipments/ machines for Format: 1-5
construction work

Note:
1, Technical Proposal should be uploaded duly page numbered and indexed.
2. Technical Proposal uploaded otherwise will not be considered.

25 | P a g e
 Format: 1-1
(See douse 14 of Section 2-178}

FINANCIAL & PHYSICAL EXPERIENCE DETAILS

A. Financial Requirement:
The bidder should have completed either of the below:
a) three similar works such costing not less than the amount equal to 20% of
the probable amount of contract during the last 3 financial years; or
b) two similar works each costing not less than the amount equal to 30% of the
probable amount of contract during the last 3 financial years; or
c) one similar work of aggregate cost not less than the amount equal to 50% of
the probable amount of contract in any one financial year during the last 3
financial years;
To be filled in by the contractor:
/. Details of successfully completed similar works shall be furnished in the following
format, ii. Certificate duly signed by the employer shall also be enclosed for each
completed
similar work.

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

Number & Year Work Order Completion i Contract Name and
Address

[ listing commitments - (Value of 'C' for Bid Capacity formula)

Agreement Name of Date of Work Date of Amount of Amount of Employer's
Number & Year Work Order Completion Contract balance work Name and
Address

Physical Requirement:
Execution of similar items of work in any one financial year during the last 3 financial years
should not be less than the minimum physical requirement fixed for the work.
B.
SNo Particulars Actual Quantity Executed (To be
filled in by the contractor)

Y ea r -1 Year - 2 Year -3

1 Physical qualification required Yes/ No

2 Earthwork
3 Concrete work

Note: 1. Certificate duly signed by the employer shall be enclosed for the actual quantity
executed in any one year during the last 3 financial years.
2. Similar works; The similarity shall be based on the physical size, complexity, methods technology or
other characteristics of main items of work viz. earth work, cement concrete, Reinforced cement concrete,
brick masonry, stone masonry etc

26 | P a g e
 Format: I -2
(See clause 14 of Section 2 -!TB)

ANNUAL TURN OVER

Requirement:
Average annual construction turnover on the construction works not less than 50% of the probable
amount of contract during the last 5 financial years;

To be filled in by the contractor:

Financial Year Payments received for contracts in pro jress or completed

Note:
i. Annual turnover of construction should be certified by the Chartered Accountant, ii. Audited balance
sheet including all related notes, and income statements for the above financial years to be enclosed.

Bid Capacity
Applicants who meet the minimum qualifying criteria in the evaluation as stated above are to
be evaluated further for bid capacity as under:
Bid Capacity = (1.5 A X B) - C Where
A = Maximum value of civil engineering works executed in any one year during the last five
year (10% weightage per year shall be given to bring the value of work executed at present price
level) B = Proposed contract period in years. C = Amount of work in hand at present.

27 | P a g e
 Format: / -3
(See clause 14 of Section 2 -ITB
& Clause 6 of
GCC}

List Of Technical Personnel For The Key Positions

Requirement of Technical Personnel’s (or Key Positions Technical Personnel’s tor Key Positions Available with bidder
S.N Key Minimum Qualification Age Similar work Total Work S. Name of Key Qualification Age Similar work Total Work
0, Position requirement on experience Experience N 0, Personnel Position experience Experience

__!__

28 | P a g e
 Format: I -4
(See clause 14 of Section 2 -ITS)

List Of Key Equipments/ Machines For Quality Control Labs

Minimum requirement Available with the bidder

$', No. Name of Equipment/ Quantity Name of Equipment/ Quantity
Machinery Machinery

29 | P a g e
 Format: I -5
(See douse 3d of Section 2 -ITB)

List Of Key Equipments/ Machines For Construction Work

Minimum requirement Available with the bidder

S. No, Name of Equipment/ Machinery Quantity Name of Equipment/ Machinery Quantity

30 | P a g e
 Annexure-J
(See clause 14 of Section 2 -ITB)

FINANCIAL BID

NAME OF WORK : Supply and Instalation of Pumps at WTP Vidisha nt cement

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

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

ii. Percentage shall be quoted in figures as well as in words. If any difference in figures and words is
found lower of the two shall be taken as valid and correct rate. If the bidder is not ready to accept
such valid and correct rate and declines to furnish performance security and sign the agreement
his earnest money deposit shall be forfeited.
in. In case the percentage "above" or "below" is not given by a bidder, his bid shall be treated as non-
responsive.
iv. All duties, royalties, levies and taxes except Goods and Services Tax (GST) are included in the
rates (in case of percentage rate bids)/lum-sum offer (in case of lump-sum bids) quoted by
the bidder.
Signature of Bidder Name of Bidder The above bid. is hereby accepted by me on behalf of the
Governor of Madhya
Pradesh dated the _______ day of __________ 20
Signature of Officer by whom accepted

31 | P a g e
 Annexure- K
(See clause 15 of Section 2 -ITB]

MATERIALS TO BE ISSUED BY THE DEPARTMENT

Sno Name of material Rate (Issue rate) Unit Remarks

32 | P a g e
 Annexure- L
(See clause 21 of Section 2 -ITS)

LETTER OF ACCEPTANCE (LOA)

"N o. ____________ , Dated:
To,
M/s.

(Name and address of the contractor)

Subject: Supply and Instalation of Pumps at WTP Vidisha nt cement

(Name of the work as appearing in the bid for the work)

Dear Sir (s), . .

Your bid for the work mentioned above has been accepted on behalf of the Governor of
Madhya Pradesh at your bided percentage below/ above or at par the Bill of
Quantities and item wise rates given therein.
You are requested to submit within 15 (Fifteen) days from the date of issue of this
letter:
a. the performance security/ performance guarantee of Rs. ____ (in figures)
(Rupees ______________________________________ in words only).
The performance security shall, be in the shape of term deposit receipt/ bank
guarantee of any nationalized / schedule commercial bank valid up to three
months after the expiry of defects liability period.
b. Sign the contract agreement.
Please note that the time allowed for carrying out the work as entered in the bid is
________ months including/ excluding rainy season, shall be reckoned from the date of
signing the contract agreement.

Signing the contract agreement shall be reckoned as intimation to commencement of work and no
separate letter for commencement of work is required. Therefore, after signing of the agreement, you
are directed to contact the Engineer-in-charge for taking the possession of site and necessary
instructions to start the work.

Yours Faithfully
Executive Engineer

33 | P a g e
 Annexure- M
(See clause 22 of Section 2 -IT8}

PERFORMANCE SECURITY
To

_________ [name of Employer]

[address of Employer]

WHEREAS_______________________ [name and address of Contractor]

(hereinafter called "the Contractor") has undertaken, in pursuance of Letter of Acceptance
No._________ dated ___________ to execute _____________ [name of Contract and
brief description of Works] (hereinafter called "the Contract").
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish
you with a Bank Guarantee by a recognized bank for the sum specified therein as security for
compliance with his obligation in accordance with the Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to
you on behalf of the Contractor, up to a total of ___________ [amount of guarantee]*
_______________ (in words), such sum being payable in the t ypes and proportions of
currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written
demand and without cavil or argument, any sum or sums within the limits of
______________ __Jamount of guarantee] as aforesaid without your needing to prove or
to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the contractor
before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
Contract of the Works to be performed thereunder or of any of the Contract documents which may be
made between you and the Contractor shall in any way release us from any liability under this guarantee,
and we hereby waive notice of any such change, addition or modification.
This guarantee shall be valid until 3 (three) months from the date of expiry of the Defect
Liability Period.

Signature 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.

34 | P a g e
 SECTIONS- 3
Conditions of Contract
Part -1 General Conditions of Contract
/
Table of Clauses
Sno Particulars Sno Particulars
A. General 22 Payments for Variations
1 Definitions 23 No compensation for alterations in or
restriction of work to be carried out.
2 Interpretations and Documents 24 Recovery from Contractors
3 Language and Law 25 Tax
4 Communications ........ Check Measurements
5 Subcontracting 27 Termination
6 Personnel 28 Payment upon Termination
7 Force Majeure 29 Performance Security
8 Contractor's Risks 30 Security Deposit
9 Liability For Accidents To Person 31 Price Adjustment
10 Contractor to Construct the Works 32 Advance Payment
11 Discoveries 33 Secured Advance
12 Dispute Resolution System E. Finishing the Contract
13 Arbitration 34 Final Account
B. Time Control F. Other Conditions of Contract
14 Programme 35 Payments Certificate
15 Extension of Time 36 Currencies
16 Compensation for Delay 37 Securities
17 Extra Items 38 Labour
18 Contractor's percentage, whether 39 Compliance with Labour Regulations
applied to net or gross amount of
bills.
C. Quality Control 40 Drawings and Photographs of the
Works
19 Tests 41 Training Of Government Personnel
20 Correction of Defects noticed during 3 42 Technical Examination
the Defect Liability Period years

D. Cost Control 43 Death or Permanent invalidity of

Contractor
21 Variations - Change in original 44 Jurisdiction
Specifications, Designs, Drawings etc.

35 | P a g e
 A. General
1. DEFINITIONS

1.1. Bill of Quantities', means the priced and completed Bill of Quantities forming part of
the Bid,
1.2. Chief Engineer; means Chief Engineer of the zone/ basin concerned.
13. Completion: means completion of the work as certified by the Engineer-in-Charge, in accordance
with provisions of agreement.
1.4. Contract: means the Contract between the Employer and the Contractor to .execute,
complete and/or maintain the work. Agreement is synonym of Contract and carries
the same meaning wherever used.
1.5. .Contract Data: means the documents and other information which comprise of the
Contract.
1.6. Contractor; means a person or legal entity whose bid to carry out the work has been
accepted by the Employer.
1.7. Contractor's bid: means the completed bid document submitted by the Contractor
to the Employer.
1.8. Contract amount: means the amount of contract worked out on the basis of
accepted bid.
1.9. Completion of work: means completion of the entire contracted work. Exhaustion of
quantity of any particular item mentioned in the bid document shall not imply
completion of work or any component thereof.
1.10. Day: means the calendar day.
1.11. Defect: means any part of the work not completed in accordance with the
specifications included in the contract.
1.12. Department: means Department of the State Government viz. Water Resources
Department, Public Works Department, Public Health Engineering Department, Rural
Engineering Service and any other organization which adopts this document.
1.13. Drawings: means drawings including calculations and other information provided or
approved by the Engineer-in-Charge.
1.14. Employer: means the party as defined in the Contract Data, who employs the
Contractor to carry out the work. The Employer may delegate any or all functions to
a person or body nominated by him for specified functions. The word Employer /
Government / Department wherever used denote the Employer.
1.15. Engineer: means the person named in the Contract Data.

1.16. Engineer in charge: means the person named in the Contract Data.

1.17. Equipment: means the Contractor's machinery and vehicles brought temporarily to
the Site for execution of work.
1.18. Government: means Government of Madhya Pradesh.
1.19. In Writing: means communicated in written form and delivered against receipt.
1.20. Material: means all supplies, including consumables, used by the Contractor for
incorporation in the work.
1.21 Superintending Engineer: means Superintending Engineer-in-Charge of the Circle
concerned.

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

2.1 Interpretations

In the contract, except where the context requires otherwise:

a. words indicating one gender include all genders;
b. words indicating the singular also include the plural and vice versa.
c. provisions including the word "agree", "agreed" or "agreement" require the
agreement to be recorded in writing;
d. written" or "in writing" means hand-written, type-written, printed or
electronically made, and resulting in a permanent record;

2.2 Documents Forming Part of Contract:

1. NIT with all amendments.

2. Instructions to Bidders
3. Conditions of Contract:
i. Part I General Conditions of Contract and the Contract Data; and ii. Part
II Special Conditions of Contract.
4. Specifications
5. Drawings '
6. Bill of Quantities
7. Technical and Financial Bid
8. Agreement, and
9. Any other document(s). as specified.

37 | P a g e
3. Language and Law
The language of the Contract and the law governing the Contract are stated in the
Contract Data.

4. Communications
All certificates, notice or instruction to be given to the Contractor by Employer/Engineer
shall be sent to the address or contact details given by the Contractor in [Annexure H of
ITB]. The address and contact details for communication with the Employer/Engineer shall
be as per the details given in the Contract Data. Communication between parties that are
referred to in the conditions shall be in writing. The notice sent by facsimile (fax) or other
electronic means (email) shall also be effective on confirmation of the transmission. The notice
sent by registered post or speed post shall be effective on delivery or at the expiry of the normal
delivery period as undertaken by the postal service. In case of any change in address for
communication, the same shall be immediately notified to Engineer-in-Charge.

5. Subcontracting
Subcontracting shall be permitted for contracts of value more than amount specified in the
Contract Data with following conditions.
a. The Contractor may subcontract up to 25 percent of the contract price with the
approval of the Employer in writing, but will not assign the Contract.
Subcontracting shall not alter the Contractor's obligations.
b. Following shall not form part of subcontracting:
i. Hiring of labour through a labour contractor.
ii. The purchase of Materials to be incorporated in the works.
iii Hiring of plant & machinery
c. The sub-contractor will have to be registered in the appropriate category in the
centralised registration system for contractors of the GoMP.

6. Personnel
6.1 The Contractor shall employ for the construction work and routine maintenance the technical
personnel as provided in the Annexure 1-3 of Bid Data Sheet, if applicable, if the Contractor fails
to deploy required number of technical staff, recovery as specified in the Contract Data will
be made from the Contractor.
6.2 If the Engineer asks the Contractor to remove a person who is a member of the Contractor's
staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the Site
within three days and has no further connection with the Works in the Contract.
7. Force Majeure
7.1 The term "Force Majeure" means an exceptional event or circumstance:
(a) which is beyond a Party's control,
(b) which such Party could not reasonably have provided against before entering into
the Contract,
(c) which, having arisen, such Party could not reasonably have avoided or overcome,
and
(d) which is not substantially attributable to the other Party.
Force Majeure may include, but is not limited to, exceptional events or

38 | P a g e
 circumstances of the kind listed below, so long as conditions (a) to (d) above are
satisfied:
(i) war, hostilities (whether war be declared or not), invasion, act of foreign
enemies, (ii) rebellion, terrorism, sabotage by persons other than the Contractor's
Personnel, revolution, insurrection, military or Usurped power, or civil war, (iii) riot,
commotion, disorder, strike or lockout by persons other than the
Contractor's Personnel, (iv) munitions of war, explosive materials, ionising radiation or
contamination by
radio-activity, except as may be attributable to the Contractor's use of such
munitions, explosives, radiation or radio-activity, and (v) natural catastrophes such as
earthquake, hurricane, typhoon or volcanic
activity.
7.2. In the event of either party being rendered unable by force majeure to perform any duty or
discharge any responsibility arising out of the contract, the relative obligation of the party affected
by such force majeure shall upon notification to the other party be suspended for the period
during which force majeure event lasts. The cost and loss sustained by either party shall be
borne by respective parties.
73 For the period of extension granted to the Contractor due to Force Majeure the price adjustment
clause shall apply but the penalty clause shall not apply. It is clarified that this sub clause shall not
give eligibility for price adjustment to contracts which are otherwise not subject to the benefit of
price adjustment clause.
7.4 The time for performance of the relative obligation suspended by the force majeure shall stand
extended by the period for which such cause lasts. Should the delay caused by force majeure
exceed twelve months, the parties to the contract shall be at liberty to foreclose the contract after
holding mutual discussions.

8. Contractor's Risks
8.1 All risks of loss or damage to physical property and of personal injury and death
which arise during and in consequence of the performance of the Contract are the
responsibility of the Contractor.
All risks and consequences arising from the inaccuracies or falseness of the documents, drawing,
designs, other documents and/or information submitted by the contractor shall be the responsibility of
the Contractor alone, notwithstanding the fact that the designs/ drawings or other documents have
been approved by the department.

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9. Liability for Accidents to Person
The contractor shall be deemed to have indemnified and saved harmless the Government
against all action,. suits, claims, demands, costs etc. arising in connection with injuries
suffered by any persons employed by the contractor or his subcontractor for the works whether
under the General law or under workman's compensation Act, or any other statute in force at
the time of dealing with the question of the liability of employees for the injuries suffered by
employees and to have taken steps properly to ensure against any claim there under.

10. Contractor to Construct the Works

10.1 The Contractor shall construct, install and maintain the Works in accordance with
the Specifications and Drawings as specified in the Contract Data.
10.2 In the cast of any class of work for which there is no such specification »s i i ,
mentioned in Contract Data, such work shall be carried out in .accordance with the
instructions and requirement of the Engineer-in-charge.
10.3 The contractor shall supply and take upon himself the entire responsibility of the
sufficiency of the scaffolding, timbering, machinery, tools and implements, and
generally of all means used for the fulfilment of this contract whether such means
may or may not be approved or recommended by the Engineer.

11. Discoveries
Anything of historical or other interest or of significant value unexpectedly discovered on
the Site shall be the property of the Employer. The Contractor shall notify the Engineer of such
discoveries and carry out the Engineer's instructions for dealing with them,

12. Dispute Resolution System

12.1 No dispute can be raised except before the Competent Authority as defined in
Contract Data in writing giving full description and grounds of dispute. It is clarified
that merely recording protest white accepting measurement and/or payment shall
not be taken as raising a dispute.
12.2 No dispute can be raised after 45 days of its first occurrence. Any dispute raised after
expiry of 45 days of its first occurrence shall not be entertained and the Employer
shall not be liable for claims arising out of such dispute.
12.3 The Competent Authority shall decide the matter within 45 days.
12.4 Appeal against the order of the Competent Authority can be preferred within 30
days to the Appellate Authority as defined in the Contract Data. The Appellate
Authority shall decide the dispute within 45 days,
12.5 Appeal against the order of the Appellate Authority can be preferred before the
Madhya Pradesh Arbitration Tribunal constituted under Madhya Pradesh
Macjhyastham Adhikaran Adhiniyam, 1983.
The Contractor shall have to continue execution of the Works with due diligence
notwithstanding pendency of a dispute before any authority or forum,

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 B. Time Control
13. Programme
13.1 Within the time stated in the Contract Data, the Contractor shall submit to the
Engineer for approval a Programme showing the general methods, arrangements,
order and timing for all the activities for the construction of works.
13.2 The program shall be supported with all the details regarding key personnel,
equipment and machinery proposed to be deployed on the works for its execution.
The contractor shall submit the list of equipment and machinery being brought to
site, the list of key personnel being deployed, the list of machinery/equipment being
placed in field laboratory and the location of field laboratory along with the
Programme.
13.3 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 Works, including any changes to the sequence of the activities.
13.4 The Contractor shall submit to the Engineer for approval an updated Programme at
intervals no longer than the period stated in the Contract Data. If the Contractor
does not 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.
13.5 The Engineer's approval of the Programme shall not alter the Contractor's
obligations.

14. Extension of Time

14.1. If the Contractor desires an extension of time for completion of the work on the ground of his
having been unavoidably hindered in its execution or on any other grounds, he shall apply, in
writing, to the Engineer-in-charge, on account of which he desires such extension. Engineer-in-
Charge shall forward the aforesaid application to the Competent Authority as prescribed.
14.2 The competent authority shall grant such extension at each such occasion within a
period of 30 days of receipt of application from contractor and shall not wait for
finality of work. Such extensions shall be granted in accordance with provisions
under clause-15 of this agreement.
14.3 In case the work is already in progress, the Contractor shall proceed with the
execution of the works, including maintenance thereof, pending receipt of the
decision of the competent authority as aforesaid with all due diligence.

15. Compensation for delay

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

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15.2 The time allowed for execution of the contract shall commence from the date of
signing of the agreement. It is clarified that the need for issue of work order is
dispensed with.
15.3 In the event milestones are laid down in the Contract Data for execution "of the
works, the contractor shall have to ensure strict adherence to the same.
15.4 Failure of the Contractor to adhere to the timelines and/or milestones shall attract
such liquidated damages as is laid down in the Contract Data.
15.5 In the event of delay in execution of the Works as per the timelines mentioned in the
Contract Data the Engineer-in-charge shall retain from the bills of the Contractor
amount equal to the liquidated damages leviable until the Contractor makes such
delays good. However, the Engineer-in-charge shall accept bankable security in lieu
of retaining such amount.
15.6 If the Contractor is given extension of time. after liquidated damages have been paid,
the Engineer in Charge shall correct any over payment of liquidated damages by the
Contractor in the next payment certificate.
15.7 In the event the Contractor fails to make good the delay until completion of the
stipulated contract period (including, extension of time) the sum so retained shall be
adjusted against the liquidated damages levied,
16. Contractor's quoted percentage
The Contractor's quoted percentage rate referred to in the "Bid for works" will be deducted/
added from/to the net amount of the bill after deducting the cost of material supplied by the
department.
C . Q u a li t y C o n t r o l
17. Tests
17.1 The Contractor shall be responsible for:
a. Carrying out the tests prescribed in specifications, and
b. For the correctness of the test results, whether preformed in his laboratory
or elsewhere.
17.2 The contractor shall have to establish field laboratory within the time specified and
having such equipments as are specified in the Contract Data.
17.3 Failure of the Contractor to establish laboratory shall attract such penalty as is
specified in the Contract Data.
17.4 Ten Percent Of Mandatory Tests Prescribed Under The Specifications shall be got carried out
through departmental laboratories of public works Department of Government of MP. The
Engineer in Charge of Officer senior to him may also get these carried out through any laboratory
confirming to ISO/ IEC 17011 accredited by NABL of any Other accredating agency who is
authorised to accridate as per ISO/IEC 17025"

18. Correction of Defects noticed during the Defect Liability Period

18.1 The Defect Liability Period of work in the contract shall be as per the Contract Data.
18.2 The Contractor shall promptly rectify all defects pointed out by the Engineer well before the
end of the Defect Liability Period. The Defect Liability Period shall automatically stand
extended until the defect is rectified.
18.3 If the Contractor has not corrected a Defect pertaining to the Defect Liability Period to the
satisfaction of the Engineer, within the time specified by the Engineer, the Engineer will
assess the cost of having the Defect corrected, and the cost of correction of the Defect shall
be recovered from the Performance Security or any

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 amount due or that may become due to the contractor and other available
securities.
D. Cost Control

19. Variations - Change in original Specifications, Designs, and Drawings etc.

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

19.2 The time for the completion of the work shall be adjusted in the proportion that the
altered, additional or substituted work bears to the original contract work and the
certificate of the Engineer-in-charge shall be conclusive as to. such proportion.

20. Extra items

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

21 Payments for Variations and / or Extra Quantities

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

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

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

c. If the rates for the altered or substituted work are not provided in applicable
SOR - such rates will be derived from the rates for a similar class (type) of work as
is provided in the contract ( priced BOQ) for the work.
d. If the rates for the altered, substituted work cannot be determined in the
manner specified in the sub clause (c) above - then the rates for such composite
work item shall be worked out on the basis of the concerned Schedule of Rates

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 minus/plus the percentage quoted by the contractor.

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

But under no circumstances, the contractor shall suspend the work on the plea of non-
acceptability of rates on items falling under sub clause (a) to (d). In case the contractor
does not accept the rate approved by the Engineer in Charge for a particular item, the
contractor shall continue to carry out the item at the rates determined by the
Competent Authority. The decision on the final rates payable shall be arrived at
through the dispute settlement procedure.

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

22.1 If at any time after the commencement of the work, the Engineer-in-charge, for any
reason whatsoever, not require the whole or any part of the work as specified in the
bid to be carried out; the Engineer-in-charge shall give notice in writing of the fact to
the Contractor and withdraw that whole or any part of the work.
22.2 The Contractor shall have no claim to any payments or compensation whatsoever,
on account of any profit or advantage which he might have derived from the
execution of work in full or on account of any loss incurred for idle men and
machinery due to any alteration or restriction of work for whatsoever reason.
:
22.3 'H- hr^meer-m-charge may supplement the work by c>ng<i<;ing another agency to
•r'.ocuU1 such portion of the work, without prejudice to his rights.

23. No Interest Payable

No interest shall be payable to the Contractor on any payment due or awarded by any
authority.

24. Recovery from Contractors

Whenever any claim against the Contractor for the payment arises under the
contract, the Department may be entitled to recover such sum by:
(a) Appropriating, in part or whole of the Performance Guarantee and/or Security
Deposit and / or any sums payable under the contract to the contractor. (b} If the
amount recovered in accordance with (a) above is not sufficient, the
balance sum may be recovered from any payment due'to the contractor under
any other contract of the department, including the securities which become due
for release, (c) The department shall, further have an additional right to effect
recoveries as
arrears of land revenue under the M.P. Land Revenue Code

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25. Tax
25.1 The rates (in Case of Precentage rate bids)/Lump-sum Offer (in case of Lump-sum bids)
quoted by the Contractor shall be deemed to be inclusive of the all dities, royalties,
levies and taxes except Goods and Services Tax (GST) The amount of applicable GST will be
paid Separately to the Contractor with each bill at the time of Payment"
commercial tax and other levies, duties, cess, toll, taxes of Central and State
Governments, local bodies and authorities.
25.2 The liability, if any, on account of quarry fee, duties, taxes (except GST), royalties, and leves
in respect of material consumed of services renderde on piblic work shall be borne by the
contractor"
25.3 Any changes in the taxes due to change in legislation or for any other reason shall not be
payable to the contractor.

......... Check Measurements

26.1 The department reserves to itself the right to prescribe a scale of check
measurement of work in general or specific scale for specific works or by other
special orders.
26.2 Checking of measurement by superior officer shall supersede measurements by
subordinate officer(s), and the former will become the basis of the payment.
26.3 Any over/excess payments detected, as a result of such check measurement or
otherwise at any stage up to the date of completion of the defect liability period
specified in this contract, shall be recoverable from the Contractor, as per clause 23
above.

27. Termination by Engineer in Charge

27.1 If the Contractor fails to carry out any obligation under the Contract, the Engineer in
Charge may by notice require the Contractor to make good the failure and to remedy
it within a specified reasonable time.
27.2 The Engineer in Charge shall be entitled to terminate the Contract if the Contractor
a) abandons the W orks or otherwise plainly demonstrates the intention not to
continue performance of his obligations under the Contract,
b) the Contractor is declared as bankrupt or goes into liquidation other than for
approved reconstruction or amalgamation;
c) without reasonable excuse fails to comply with the notice to correct a particular
defect within a reasonable period of time.
d) the Contractor does not maintain a valid instrument of financial security as
prescribed;
e) the Contractor has delayed the completion of the Works by such duration for
which the maximum amount of liquidated damages is recoverable;
f) If the Contractor fails to deploy machinery and equipment or personnel or set up
a field laboratory as specified in the Contract Data.
g) If the contractor, in the judgment of the Engineer in charge has engaged in
corrupt or fraudulent practices in competing for or in executing the contract.

45 | P a g e
 h) Any other fundamental breaches as specified in the Contract Data.
27.3 In any of these events or circumstances, the Engineer in Charge may, upon giving 14
days' notice to the Contractor, terminate the Contract and expel the Contractor from
the Site. However, in the case of sub-paragraph (c) or (g), the Engineer in Charge may
terminate the Contract immediately.
27.4 Notwithstanding the above, the Engineer-in-Charge may terminate the.Contract for
convenience by giving notice to the Contractor.

28. Payment upon Termination

28.1 If the contract is terminated under clause 27.2, the Engineer shall issue a certificate
for value of the work done less liquidated damages, if any, less recoverable advance
payments received up to the date of the issue of the certificate and less the
percentage to apply to the value of the work not completed as indicated in the
Contract Data. The amount so arrived at shall be determined by the Engineer-in-
Charge and shall be final and binding on both the parties.
28.2 Payment on termination under clause 27.3 above -
If the Contract is terminated under clause ........3 above, the Engineer shall issue a certificate for
the value of the work done, the reasonable cost of removal of Equipment, repatriation of the
Contractor's personnel employed solely on the Works, and the Contractor's costs of protecting
and securing the Works and less advance payments received up to the date of the certificate,
less other recoveries due in terms of the contract and less taxes due to be deducted at source
as per applicable law.
28.3 If the total amount due to the Employer exceeds any payment due to the Contractor,
the difference shall be recovered as per clause 24 above.

29. Performance Security

The Contractor shall have to submit performance security as specified in the Bid Data Sheet at the
time of signing of the contract. The contractor shall have to ensure that such performance security
remains valid for the period as specified in the Contract Data.

30. Security Deposit-

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

31. Price Adjustment

31.1 Applicability
1. Price adjustment shall be applicable only if provided for in the Contract Data.
* 1. The price adjustment clause shall apply only for the works executed from the
date of signing of the agreement until the end of the initial intended completion
date or extensions granted for reasons attributed to the Employer by the

46 | P a g e
 Engineer.
3, The Contractor shall not be entitled to any benefit arising from the price
adjustment clause for extension in the contract period for reasons attributed to
the Contractor.
A. In the Force Majeure event the price escalation clause shall apply.

31.2 Procedure
1. Contract price shall be adjusted for increase or decrease in rates and price of
labour, materials, fuels and lubricants in accordance with following principles and
procedures and as per formula given in the contract data.
2. The price adjustable shall be determined during each quarter from the formula given
in the contract data.
3. Following expression and meaning are assigned to the work done during each
quarter:
R = Total value of work during the quarter. It would include the amount of secured
advance granted, if any, during the quarter, less the amount of secured advance
recovered, if any during the quarter, less value of material issued by the department,
if any, during the quarter.
4. Weight ages of various components of the work shall be as per the Contract Data.

31.3 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.
31.4 The index relevant to any quarter, for which such compensation is paid, shall be the
arithmetical average of the indices relevant of the calendar month.
31.5 For the purpose of clarity it is pointed out that the price adjustment may be either
positive or negative, i.e. if the price adjustment is in favour of the Employer, the
same shall be recovered from the sums payable to the Contractor.

32. Mobilization and Construction Machinery Advance

32.1 Payment of advances shall be applicable if provided in the Contract Data.
32.2 If applicable, the Engineer in Charge shall make interest bearing advance payment to the contractor of
the amounts stated in the Contract Data, against provision by the contractor of an unconditional
Bank Guarantee in a form and by a nationalized/ scheduled banks, in the name as stated in the
Contract Data, in amounts equal to the advance payment. The guarantee shall remain effective
until the advance payment has been repaid, but the amount of the guarantee shall be progressively
reduced by the amounts repaid by the contractor.
32.3 The rate of interest chargeable shall be as per Contract Data.
32.4 The construction machinery advance, if applicable, shall be limited to 80% of the cost of construction
machinery and admissible only for new construction machinery.
32.5 The advance payment shall be recovered as stated in the Contract Data by deducting proportionate
amounts from payment otherwise due to the Contractor. No account shall be taken of the advance
payment or its recovery in assessing valuations of work done, variations, price adjustments,
compensation events, or liquidated damages.
33. Secured Advance
33.1 Payment of Secured Advance shall be applicable if provided in the Contract Data.
33.2 If applicable, the Engineer shall make advance payment against materials intended for but not yet
incorporated in the Works and against provision by the contractor of an unconditional Bank

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 Guarantee in a form and by a nationalized/ scheduled bank, in the name as stated in the Contract
Data, in amounts equal to the advance payment. The guarantee shall remain effective until the
advance payment has been adjusted, but the amount of the guarantee shall be progressively
reduced by the amounts adjusted by the contractor.
33.3 The amount of secured advance and conditions to be fulfilled shall be as stipulated in the Contract
Data.
33.4 The Secured Advance paid shall be recovered as stated in the Contract Data.

34. Payment Certificates

The payment to the contractor will be as follows for construction work:
(a) The Contractor shall submit to the Engineer monthly statements of the value of the work executed
less the cumulative amount certified previously, supported with detailed measurement of the items of
work executed.

(b) The Engineer shall check the Contractor's monthly statement and certify the amount to be paid
to the Contractor.

(c) The value of work executed shall be determined, based on the measurements approved by the
Engineer/ Engineer-in-charge.

(d) The value of work executed shall comprise the value of the quantities of the items in the Bill
of Quantities completed.

(e) The value of work executed shall also include the valuation of Variations and Compensation Events.

(f) Ail payments shall DC adjuster! for deductions to advance payment, security deposit,
other recoveries in terms of contract and taxes at source as applicable under the law.

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

(h) Payment of intermediate certificate shall be regarded as payments by way of advance

against the final payment and not as payments for work actually done and completed.

(i) Intermediate payment shall not preclude the requiring of bid, unsound and imperfect or
unskilled work to be removed and taken away and reconstructed or be considered as an
admission of the due performance of the contractor any part thereof. In any respect or the.
Occurring of any claim.

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 (j) The payment of final bill shall be governed by the provisions of clause 36 of GCC.

E. Finishing the Contract

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

36. Final Account

36.1 The Contractor shall supply the Engineer with a detailed account of the total amount that the
Contractor considers payable for works under the Contract within 21 days of issue of certificate
of physical completion of works. The Engineer shall issue a Defects Liability Certificate and
certify any payment that is due to the Contractor within 45 days of receiving the Contractor's
account if it is correct and complete. If the account is not correct or complete, the Engineer
shall issue within 45 days a schedule that states the scope of the corrections or additions that
are necessary. If the Account is still unsatisfactory after it has been resubmitted, the matter
shall be referred to the Competent Authority as defined in the Contract Data, who shall
decide on the amount payable to the Contractor after hearing the Contractor and the Engineer
in Charge.
36.2 In case the account is not received within 21 days of issue of Certificate of Completion
as provided in clause 32.1 above, the Engineer shall proceed to finalize the account and issue a
payment certificate within 28 days

F. Other Conditions of Contract

37. Currencies
All payments will be made in Indian Rupees.

38. Labour
38.1 The Contractor shall, unless otherwise provided in the Contract, make his own
arrangements for the engagement of all staff and labour, local or other, and for their payment,
housing, feeding and transport.
38.2 The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail, in such
form and at such intervals as the Engineer may prescribe, showing the staff and the numbers of
the several classes of labour from time to time employed by the Contractor on the Site and
such other information as the Engineer may require.
39. COMPLIANCE WITH LABOUR REGULATIONS
39.1. During continuance of the Contract, the Contractor and his sub-Contractors shall abide at all
times by all existing labour enactments and rules made there under,

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 regulations, notifications and bye laws of the State or Central Government or local authority and
any other labour law (including rules}, regulations, bye laws that may be passed or notification
that may be issued under any labour law in future either by the State or the Central Government
or the local authority. Salient features of some of the major labour laws that are applicable to
construction industry are given in the Contract Data. The Contractor shall keep the Employer
indemnified in case any action is taken against the Employer by the competent authority on
account of contravention of any of the provisions of any Act or rules made their under,
regulations or notifications including amendments. If the Employer is caused to pay or reimburse,
such amounts as may be necessary to cause or observe, or for non-observance of the provisions
stipulated in the notifications/byelaws/Acts/Rules/ regulations including amendments, if any, on
the part of the Contractor, the Engineer/Employer shall have the right to deduct from any
money due to the Contractor including his amount of performance security. The
Employer/Engineer shall also have right to recover from the Contractor any sum required or
estimated to be required for making good the loss or damage suffered by the Employer. The
•employees of the Contractor and the Sub-Contractor in no case shall be treated as the
employees of the Employer at any point of time.
40. Audit and Technical Examination

Government shall have the right to cause an audit and technical examination of the works and the
final bill of the contract including all supporting vouchers, abstract etc. to be made after payment of
the final bill and if as a result of such audit and technical examination any sum is found to have
been overpaid in respect of any work done by the contractor under the contract or any work claimed
by him to have been done under the contract and found not to, have been executed, the Contractor
shall be liable to refund the amount of overpayment and it shall be lawful for Government to
recover the same from him in the manner prescribed in clause 24 above and if it is found that the
Contractor was paid less than what was due to him, under the contract in respect of any work
executed by him under it, the amount of such under payment shall be duly paid by Government to the
Contractor.
41. Death or Permanent Invalidity of Contractor

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

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

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 Contract DATA
Clause Particulars Data
reference
1.14 Employer
1.15 Engineer
1.16 Engineer in Charge
1.22 Stipulated date of completion
3 Language & Law of Contract English & Indian Contract Act 1872
4 Address & contact details of the Contractor Format H of ITB
Address & contact details of the Employer/
Engineer -phone, Fax, e-mail.
5 Subcontracting permitted for the Contract More than Rs................. Lakhs
Value
6 Technical Personnel to be provided by the Format 1-3 of ITB
contractor -requirement, &
Penalty, if required Technical Personnel not Rs:.........................................
employed
10 Specifications As per Annexure - E of ITB
Drawings As per Annexure- N
12 Competent Authority for deciding dispute
under Dispute Resolution System
Appellate Authority for deciding dispute
under Dispute Resolution System
13 Period for submission of updated construction
program
Amount to be withheld for not submitting Rs:.........................................
construction program in the prescribed period
14 Competent Authority for granting Time
Extension
15 Milestones laid down for the contract Yes/ No As per
If Yes, details of Milestones As per Annexure - 0
Liquidated damage As per Annexure- P
17 List of equipment for lab As per Annexure- Q
Time to establish lab
Penalty for not establishing field Laboratory
18 Defect Liability Period ....................Months after Physical Completion of
work
21 Competent Authority for determining the rate
27 Any other condition for breach of contract
28 The percentage to apply to the value of the
work not completed
29 Performance guarantee shall be valid up to Valid Contract Period plus............ months
30 Security Deposit to be deducted from each
running bill
Maximum limit of deduction of Security Deposit
31 Price Adjustment formula and procedure to Annexure R
calculate
31.1(1) Price adjustment shall be applicable, if the Rs.
amount put to tender is more than
32 Mobilization Advance applicable Yes /No
Construction Machinery Advance applicable Yes / No
Type & Amount of Advance payment that can 1. Mobilization advance-Not more than...% of
be paid contract amount
2. Construction Machinery Advance-Not more
than ... % of contract amount
Unconditional Bank Guarantee In the format prescribed in Annexure - S
Rate of interest chargeable on advances 10 % annual simple interest

51 | P a g e
 Recovery of advance payment Recovery of Mobilization and/or Construction
Machinery advance shall commence when 10% of
the Contract Amount is executed and recovery of
total advance shall be done on pro-rata basis and
shall be completed by the time work equivalent to
80% of the Contract Amount is executed. In
addition to the recovery of principal amount,
recovery of interest shall be carried out as
calculated on the outstanding amount of principal
at the close of each month. The interest shall be
accrue from the day of payment of advance and
the recovery of interest shall commence when
10% of the Contract Amount is executed and shall
be completed by the time work equivalent to 80%
of the Contract Amount is executed.
33 Secured Advance applicable Yes /No
Amount of Secured Advance 75% of value of material as determined by the
Engineer in Charge
Unconditional Bank Guarantee In the format prescribed in Annexure -T
Conditions for secured advance a) The materials are in-accordance with the
specification for Works;
b) Such materials have been delivered to site,
and are properly stored and protected
against damage or deterioration to the
satisfaction of the Engineer. The contractor
shall store the bulk material in measurable
stacks;
c) The Contractor's records of the requirements,
orders, receipt and use of materials are kept
in a form approved by the Engineer and such
records shall be available for inspection by the
Engineer;
d) The contractor has submitted with his monthly
statement the estimated value of the materials
on site together with such documents as
may be required by the Engineer for the
purpose of valuation. of the materials and
providing evidence of ownership and
payment thereof;
e) Ownership of such materials shall be deemed
to vest in the Employer for which the
Contractor has submitted an Indemnity Bond
in an acceptable format; and
f) The quantities of materials are not excessive
and shall be used within a reasonable time as
determined by the Engineer.
Recovery of Secured advance The advance shall be repaid from each
succeeding monthly payments to the extent
materials [for which advance was previously paid]
have been incorporated into the Works.
Completion Certificate - after physical Annexure - U
completion of the Work
Detailed Completion Certificate - after Annexure- V
final payment on completion of the Work
36 Competent Authority
39 Salient features of some of the major Annexure-W
labour laws that are applicable
41 Competent Authority

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 ANNEXURE-N
(5ee douse 10 of Section 3 - GCC)

Drawings
List of drawings-

53 | P a g e
 ANNEXURE-0
• (See clause IS of Section 3-GCC)

Details of Milestones

54 | P a g e
 ANNEXURE-P
(See clause 15 of Section 3-GCC)

Compensation for Delay

If the contractor fails to achieve the milestones, and the delay in execution of work is attributable to the
contractor, the Employer shall retain an amount from the sums payable and due to the contractor as per
following scale -
i) Slippage up to 25% in financial target during the milestone under consideration
- 2.5% of the work remained unexecuted in the related time span.
ii) Slippage exceeding 25% but Up to 50% in financial target during the milestone under consideration
- 5% of the work remained unexecuted in the related time span.
iii) Slippage exceeding 50% but Up to 75% in financial target during the milestone under consideration
- 7.5% of the work remained unexecuted in the related time span.
iv) Slippage exceeding 75% in financial target during the milestone under consideration
- 10% of the work remained unexecuted in the related time span.

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

55 | P a g e
 ANNEXURE-Q
(See clause 17 of Section 3-GCC)

List of Equipment for Quality Control Lab

56 | P a g e
 ANNEXURE- R
(See clause 30 of Section 3 -GCC)

Price Adjustment
The formulas for adjustment of price are as follow:
R = Value of work as defined in Clause 31.2(3} of General Conditions of Contract
Weight ages* of component in the work

S.No. Component Percentage of component in the work

1 'Labour -Pi
2 Cement- Pc
3 Steel - Ps
4 Bitumen - Pb
5 POL- Pf
6 Other Materials- Pm
TOTAL 100
*Weight ages of various. Components of the work shall be as determined by the competent technical sanction
authority.
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.
VL= 0.85 x Pi/100 X R X (U-to) / Lo
VL = increase or decrease in the cost of work during the month under consideration due to changes
in rates for local Labour.
U> = the consumer price index for industrial workers for the State nearest city from the site on the
date of opening of Bids as published by Labour Bureau, Ministry of Labour, Government of
India,
L = the consumer price index for industrial workers for the State nearest city from the site for the
month under consideration as published by Labour Bureau, Ministry of Labour component of
the work.
Pi = Percentage of Labour component of the work.
Adjustment for cement component
ii) Price adjustment for increase or decrease in the cost of cement procured by the contractor shall be
paid in accordance with the following formula:
Vc= 0.85 x Pc/100 x R x (CrC0)/C0 Vc= increase or decrease in the cost of work during
the month under consideration due to changes in rates for cement.
C0= The all India wholesale price index for Grey cement on the date of opening of Bids as
published by the Ministry of Industrial Development, Government of India, New Delhi,
(www.eoindustry.nic.in)
Ci= the all India average wholesale price index for Grey cement for the month under
consideration as published by Ministry of Industrial Development,
Government of India, New Delhi.(www.eaindu$try.nic.in)
Pc = Percentage of cement component of the work
Note: For the application of this clause, index of Grey Cement has been chosen to represent
Cement group.
Adjustment of steel component
iii) Price adjustment for increase or decrease in the cost of steel procured by the Contractor shall be paid

57 | P a g e
 in accordance with the following formula:
Vs = 0.85 X Ps x /100 x R x (Sl-S0)/S0
Vs- Increase or decrease in the cost of work during the month under consideration due to
changes in the rates for steel.
S 0= The all India wholesale price index for steel {Bars and Rods) on the date of opening of
Bids as published by the Ministry of Industrial Development, Government of India, New
Delhi, (•s.'ww.eoinduttry.nic.in)
Sj = The all India average wholesale price index for steel (Bars and Rods) for the month
under consideration as published by Ministry of Industrial Development, NewDelhi.
(www.eamdustry.nic.fn)
Ps= Percentage of steel component of the work.

Note: For the application of this clause, index of Bars and Rods has been chosen to represent steel
group. Adjustment of bitumen component

iv) Price adjustment for increase or decrease is the cost of bitumen shall be paid in accordance with the
following formula:
Vb= 0.85x Pb/ 100xRx( Bi- Bo) / Bo
Vb= Increase or decrease in the cost of work during the month under consideration due to changes in
rates for bitumen.
Bo= the official retail price of bitumen at the IOC depot at nearest center on the date of opening of
Bids.
Bi = the official retail price of bitumen of IOC depot at nearest center for the 15th day of the month
under consideration.
Pb = Percentage of bitumen 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= 0.85xPf/100x'Rx(Fi-Fo)/Fo
Vf= Increase or decrease in the cost of work during the month under consideration due to
changes in rates for fuel and lubricants.
Fo = The official retail price of High Speed Diesel (HSD) at the existing consumer pumps of
IOC at nearest center on the date of opening of Bids.
Ft = The official retail price of HSD at the existing consumer pumps of IOC at nearest center
th
for the 15 day of month of the under consideration.
Pf = Percentage of fuel and lubricants component of the work.
Note: For the application of this clause, the price of High Speed Diesel has been chosen to
represent fuel and lubricants group.
Adjustment of Other materials Component.
vi) 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= 0.85x Pm/ 100xRx( Mi- Mo) / Mo
Vm= Increase or decrease in the cost of work during the month under consideration due to
changes in rates for local materials other than cement, Steel, Bitumen and POL.
Mo = The all India wholesale price index (all commodities) on the date of opening of Bids, as
published by the Ministry of Industrial Development Government of India, New Delhi.
Mi = The all India average 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 plant and machinery spares component of the work

58 | P a g e
 Annexure-S
(See clause 31 of Section 3-GCC}

Bank Guarantee Form for Mobilization and Construction Machinery Advance

To
................................................... [Name of Employer]
................................................... [Address of Employer]
................................................... [Name of Contractor]
In accordance with the provisions of the General Conditions of Contract, clause 31 ("Mobilization and
Construction Machinery Advance") of the above-mentioned Contract................................................ [Name and
address of Contractor] (Hereinafter called "the Contractor") shall deposit with................. [Name of Employer]
a bank guarantee to guarantee his proper and faithful performance under the said Clause of the Contract in
an amount of................. [Amount of Guarantee]* ..................... [in words].

We, the [Bank of financial institution], as instructed by the Contractor, agree unconditionally and
irrevocably to guarantee as primary obligator and not as surety merely, the payment to..................... [Name of
Employer] on his first demand without whatsoever right of obligation on our part and without his first claim to
the Contractor, in the amount not exceeding................................. [Amount of guarantee]*............................ [In
words].

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

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

Yours truly,

Signature and Seal :...................................................................................................................

Name of Bank/Financial Institution :...................................................................................................................

Address :...................................................................................................................

Date :...................................................................................................................

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

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 Annexure- T
(Seeclause32 of Section 3-GCC)

Bank Guarantee Form for Secured Advance

INDENTURE FOR SECURED ADVANCES

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 Advance 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:
That the said sum of Rupees...........................................so advanced by the Employer to
(1) 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.
(3) That the materials detailed in the said account of Secured Advances and all other materials on the
security of which any further advance or advances may hereafter be made as aforesaid (hereafter
called the said materials) shall be used by the Contractor solely in the execution of the said works
in accordance with the directions of the Engineer.
(4) That the Contractor shall make at his own cost all necessary and adequate arrangements for the
proper watch, safe custody and protection against all risks of the said materials and that until used
in construction as aforesaid the said materials shall remain at the site of the said works in the
Contractor's custody and on his own responsibility and shall at all times be open to inspection by
the Engineer or any officer authorized by him. In the event of the said materials or any part
thereof being stolen, destroyed or damaged or becoming deteriorated in a greater degree than is
due to reasonable use and wear thereof the Contractor will forthwith replace the same with other
materials of tike quality or repair and make good the same required by the Engineer.
(5) That the said materials shall not be removed from the site of the said works except with the written
permission of the Engineer or an officer authorized by him on that behalf.
(6) That the advances shall be repayable in full when or before the Contract receives payment from the

60 | P a g e
 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 expenses payable under these
presents PROVIDED ALWAYS and it is hereby agreed and declared that notwithstanding anything
in the said agreement and without prejudice to the power contained therein if and whenever the
covenant for payment and repayment here-in-before contained shall become enforceable and the
money owing shall not be paid in accordance there with the Employer may at any time thereafter
adopt alt or any of the following courses as he may deem best;
(a) Seize and utilise the said materials or any part thereof in the completion of the said works
on behalf of the contractor in accordance with the provision in that behalf contained in the
said agreement debiting the contractor with the actual cost of effecting such completion
and the amount due to the contractor with the value of work done as if he had
carried it out in accordance with the said agreement and at the rates thereby provided. If the
balance is against the contractor, he is to pay same to the Employer on
demand.
(b) Remove and sell by public auction the seized materials or any part thereof and out of the
moneys arising from the sale retain all the sums aforesaid repayable or payable to the
Employer under these presents and pay over the surplus (if any) to the Contractor.
(c) Deduct all or any part of the moneys owing out of the security deposit or any sum due to the
Contractor under the 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.
(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.

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 Annexure-U
(See clause 34 of Section 3-GCC]

Physical Completion Certificate

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

Agreement no & Date :......................................................................................................................

Amount of Contract Rs :......................................................................................................................

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

MB No. :......................................................................................................................

Last measurement recorded on :......................................................................................................................

date

Certified that the above mentioned work was physically completed on...................................................... (Date)
and taken over on................................................................................ (Date) and that I have satisfied myself to
best of my ability that the work has been done properly.

Date of issue

Executive Engineer

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 Annexure-V
(See clause 34 of Section 3 -GCC}

Detailed Completion Certificate

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

Agreement no Date :......................................................................................................................

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

MB No. :......................................................................................................................

Last measurement recorded on :......................................................................................................................

date
Certified that the above mentioned work was physically completed on............................................................
(Date) and taken over on............................................. (Date).
Agreemented amount Rs......................................................................
Final Amount paid to contractor Rs.......................................................
Incumbency of officers for the work
I have satisfied myself to best of my ability that the work has been done properly.
Date of issue

Executive Engineer

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 Annexure-W
(Seedause38 of Section 3-GCC]

Salient Features of Some Major Labour Laws Applicable

a) Workmen Compensation Act 1923: - The Act provides for compensation in case of injury by accident
arising out of and during the course of employment.
b) Payment of Gratuity Act 1972: -Gratuity is payable to an employee under the Acton satisfaction of
certain conditions on separation if an employee has completed the prescribed minimum years (say, five
years) of service or more or on death the rate of prescribed minimum days'(say, 15 days) wages for every
completed year of service. The Act is applicable to all establishments employing the prescribed
minimum number (say, 10) or more employees.
c) Employees P.P. and Miscellaneous Provision Act 1952: The Act Provides for monthly contributions by
the Employer plus workers at the rate prescribed (say, 10% or 8.33%). The benefits payable under
the Act are:
i. Pension or family pension on retirement or death as the case may be.
ii. Deposit linked insurance on the death in harness of the worker,
iii. Payment of P.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 license from the designated
Officer. The Act is applicable to the establishments or Contractor of Principal Employer if they employ
prescribed minimum (say 20) or more contract labour.
f) Minimum Wages Act 1948: - The Employer is 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 is scheduled employment.
g) Payment of Wages Act 1936: - It lays down as to by what date the wages are to be paid, when it will
be paid and what deductions can be made from the wages of the workers.
h) Equal Remuneration Act 1979: - The Act provides for payment of equal wages for work of equal
nature to male and female workers and for not making discrimination against female employees in
the matters of transfers, training and promotions etc.
i) Payment of Bonus Act 1965: - The Act is applicable to all establishments employing prescribed
minimum (say, 20) or more workmen. The Act provides for payments of annual bonus within the
prescribed range of percentage of wages to employees drawing up to the prescribed amount of
wages, calculated in the prescribed manner.
j) The Act does not apply to certain establishments. The newly set-up establishments are exempted for
five years in certain circumstances. States may have different number of employment size.
k) Industrial Disputes Act 1947: - The Act lays down the machinery and procedure for resolution of
industrial disputes, in what situations a strike or lock-out becomes illegal and what are the
requirements for laying off or retrenching the employees or closing down the establishment.
l) Industrial Employment (Standing Orders) Act 1946: - It is applicable to ail establishments
employing prescribed minimum (say, 100, or 50). The Act provides for laying down rules governing the
conditions of employment by the Employer on matters provided in the Act and gets these certified by the
designated Authority.
i. Trade Unions Act 19........:- 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 regulations of employment of
children in all other occupations and processes. Employment of child labour is prohibited in building

64 | P a g e
 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 prescribed minimum (say, five) or more inter-
state migrant workmen through an intermediary (who has recruited workmen in one state for
employment in the establishment situated in another state). The Inter-State migrant workmen, in an
establishment to which this Act becomes applicable, are required to be provided certain facilities such
as Housing, Medical-Aid, Travelling expenses from home up to the establishment and back etc.
o) The Building and Other Construction workers (Regulation of Employment and Conditions of Service)
Act 1996 and the Cess Act of 1996: - All the establishments who carry on any building or other
construction work and employs the prescribed minimum (say, 10) or more workers are covered under
this Act. All such establishments are required to pay cess at the rate not exceeding 2% of the cost of
construction as may be modified by the Government The Employer of the establishment is required to
provide safety measures at the building or construction work and other welfare measures, such as
canteens, first-aid facilities, ambulance, housing accommodations for workers near the work place
etc. The Employer to whom the Act applies has to obtain a registration certificate from the
Registering Officer appointed by 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 the prescribed minimum (say, 10) persons or more with aid of
power or another prescribed minimum (say, 20) or more persons without the aid of power engaged in
manufacturing process.

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 SECTION 3
Conditions of Contract Part - II Special Conditions of Contract

SECTION 4
BILL OF QUANTITIES
General Description of work:
Probable Amount of Contract:
Rs.
Amount Amount
s. No. Particulars of Item of Work Quantity Unit Rate Remarks
(in figure) (in words)
i ii iii iv v vi vii viii
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Total-
4000000.00
Total Rupees (In Words)
4000000.00 Only

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 SECTIONS 5
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.
i. Letter of Acceptance
ii. Contractor's Bid
iii. Condition of Contract: G[46]& Special
iv. Contract Data
v. Bid Data
vi. Drawings
vii. Bill of Quantities and
viii. Any other documents listed in the Contract Data as forming part of 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.......................................................................

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