UPSTDC–T–2

Model Bidding Document For

U.P.S.T.D.C. Ltd.

Work Costing above Rs.40 Lacs

For

Signage Work etc.

(Approved By Uttar Pradesh Government)

U.P.S.T.D.C. Ltd.
 TABLEOFCONTENTS
Model Bidding Document for Construction of
Work Costing
Rs.40 Lakhs and above

Section Description Page

Section1 List of Dates, Press Notice, NIT

Section2 Instructions to Bidders Appendix to ITB
Section3 Qualification Information

Section4 General Conditions of Contract, Part I

Appendix to Part I General Conditions of Contract Part II Special

Conditions of Contract
Section5 Specifications
Section6 Form of Bid

Section7 Bill of Quantities

Section8 Standard Forms, Form of Acceptance

Notice to Proceed with the Work Agreement

Bank Guarantee for Advance Payment Performance Bank Guarantee

1
SECTION1

LISTOFIMPORTANTDATESPR

ESSNOTICE

NOTICEINVITINGTENDERS

2
 SECTIONI

Office of the General Manager (Technical)

List of Important Dates of Bids for Construction of

Project under U.P.S.T.D.C. LTD.

1. Name of Work:As Per NIT

2. Completion Period for construction: As per NIT Month since including rainy
Season

3. Date of Issue of Notice Inviting Bid: 26-04-2025

4. Period and Places of Sale of Bidding From: 05-05-2025 To 15-05-2025

Documents: -On line on http://etender.up.nic.in

5. Deadline for Receiving Bids Date 15-05-2024 Time 12.30 Noon

6. Place of opening bids Address is: Office of ./G.M (Tech)

Phone. No. ……………………

7. Last Date of Bid Validity 90 (ninety) days from the last date of bid submission

8. Time and Date for opening Date 16-05-2025 Time 12.30 PM

Technical Bid/Bids:

9. Time and Date for opening Date& time to be notify by notice.

Financial Bid/Bids:

10. Officer inviting Bids General Manager (Technical), U.P.S.T.D.C. LTD.

3
 Section1
Press Notice
No 4661/Pari-5/Nivida Suchna/2024-25 Dated: 26.04.2025

1. The G.M. (TECH) U.P.S.T.D.C. LTD. on behalf of Governor of Uttar Pradesh invites the percentage rate bids from the eligible
and approved Contractors empaneled in Signage work with UPSTDC Ltd. in class A, B, C and D as the case may be. The
Bidder may submit bids for any or all of the works. Bidders are advised to note the minimum qualification criteria specified in
Clause 4 of the Instructions to Bidders to qualify for the award of the contract.

2.
SL DISTRICT Name of Estim Bid Time Address of Address of Addressof M.D
No Work ated Secu- of General Manager C.G.M
cost( rity Comp (Technical)
Rs.) (Rs.) letion
in in lacs
lacs
1 2 3 4 5 6 7 8 9
1 Pilibhit Eco tourism signage 371.59 20.58 9 Genral Manager (tech) Cheif Genral Managing Director
work in districts Months upstdc c-13 vipin Manager upstdc c- upstdc c-13 vipin
Pilibhit, Ghaziabad, khand gomti nagar 13 vipin khand khand gomti nagar
Amroha, Bareilly,
lucknow gomti nagar lucknow
Moradabad, Agra,
Firozabad, Etawah, lucknow
Gautam Buddha Nagar

2 Lucknow Work of eco tourism 375.08 20.75 9

signage in districts Months
Lucknow, Sitapur,
Lakhimpur Kheri,
Ayodhya, Gorakhpur,
Basti, Siddharthnagar,
Chitrakoot, Banda,
Shahjahanpur, Sant
Kabir Nagar, Mahoba
and Bahraich

3. The bids shall remain valid for acceptance for a period of 90 days from the last date of submission of bids. Bids once submitted cannot be
withdrawn.\

4. A set of Bidding documents may be downloded online of the tender.up.nic.in/nicgep/app respectively of the table corresponding to the
respective work, between the hours of 09.00 am and 06:55 pm on any working day from 05.05.2025 To……15-05-2025……… for a non-
refundable fee of Rs. 2714.00 (Rupees two thousand seven hundred fourteen only) Rs. 2000 for stationary charges and Rs. 300 for tender
cost and Rs. 414.00 per set per work as indicated, in the form of Demand Draft drawn on any Scheduled banking favor of “UPSTDC Ltd”
payable at Lucknow Interested bidders may obtain further information at the same office from where the documents are purchased.
Bidding document can be downloaded from the website But its cost, i.e., Rs 2714/- in the form of DD drawn on any Scheduled bank in
favor of“, U.P.S.T.D.C. Lt” payable at Lucknow will necessarily be attached with the bid. However for bid document downloaded from
the website, the drawings will be available in the office of concerned . or General Manager (Technical) at the address indicated in columns
7 respectively of the above table against the concerned package.

5. In case of any discrepancy between the downloaded bid document and that available with the concerned ../General Manager (Technical),
the bid document available in the office would be considered authentic Bids must be delivered to the office of the . executing the work,
General Manager (Technical) or C.G.M. mentioned in columns 7, 8 & 9 of the table corresponding to the respective work on or before 12.30
Noon on 15.05.2025 and the technical bids will be opened on 16.05.2025 at 03.30 pm, in the office of the General Manager (Technical)
mentioned in columns 7, in the presence of the bidders who wish to attend. If the office happens to be closed on the date of receipt or opening
of the bids as specified, the bids will be received and opened on the next working day, respectively, at the same time and venue, and validity
of bid will be considered from the original date. The date and time of opening of the financial bid shall be notified by a notice displayed in the
office of the General Manager (Technical) mentioned in columns 7 and by individual notice to the eligible and qualified bidders. The
Financial bids shall be opened in the office of the General Manager (Technical) mentioned in columns 7, in the presence of the bidders who
wish to attend.

6. A pre-bid meeting will be held for each work on 09-05-2025 at 12.00 Noon at the office of (G.M. Tech mentioned in column 7 of the table
corresponding to the respective package to clarify the issues and to answer questions on any matter that may be raised at that stage as
stated in Clause 9.2of‘Instructions to Bidders ‘of the bidding document.

7.
4
Bids must be accompanied with security of the amount specified for the work in the table. In the farm of F.D.R. pledged in the name of
M..D UPSTDC Ltd. Bid security will have to be in any one of the forms as specified in the bidding document and shall be valid for 45
days beyond the validity of the bid.

8. A bidder shall not be permitted to bid for works in the U.P.S.T.D.C. Ltd. responsible for award and execution of contracts in which is or
his spouse’s near relatives (defined as first blood relations, and their spouses) is posted as Divisional Accountant oarsman officer many
 capacity between the grades of General Manager (Technical) and A.P.M.(both inclusive)

9. No Engineer of gazetted rank or other Gazetted officer employed in Engineering or Administrative duties in an Engineering Department
of the State / Central Government is allowed to work as a Contractor for a period of two years after his retirement from Government
service, without Government permission. This contract is liable to be cancelled if either the Contractor or any of his employees is found
any time to be such a person who had not obtained the permission of the Government as aforesaid before submission of the tender or
engagement in the Contractor’s service.

10. Bid documents and other details consisting of qualification information and eligibility criterion of bidders, plans, specifications, drawings,
the schedule of quantities of the various classes of work to be done and the set of terms &conditions of contract to be complied with by
the Contractor can be seen in the office of the .. mentioned in column 7of the table corresponding to the respective package between hours
of 11.00 am and 04.00 pm on any working day between 05-05-2025 and 15-05-2025

11. Any bidder who is having criminal record is not allowed to participate in the bidding process.

12. Any bidder who is registered with the state Bar Council is not allowed to participate in the bidding process.

13. Each bidder is required to furnish an affidavit on a non-judicial stamp paper of Rs. 100/- giving all in formations on prescribed performer
required fore valuation of the bidding capacity of the bidder.

14. Firm/Agency shall provide N.O.C concerning Department for work before execution of work, otherwise
payment not proceed by UPSTDC
15. Bidder must have 05 years experience for simllar work documents to be uploaded along with tender.
16. Firm/Agency should Empaneled in UPSTDC in Signage work.
17. The rates in BOQ are exclusive of GST & GST Shall be Paid Extra.

Ministry/ IRC Reference– MoRTH Section 800, Clause 801.3.11. Warranty and
Durability – The contractor/ supplier is the authorized converter of sheeting
manufacturer.
18. The Contractor shall be original Manufacturer of the Retro Reflective sheeting and Road furniture or
specifically certified Authorized Convertor by the Original Manufacturer and shall submit such Authorization
certificate and legal agreement copy during the bid submission. The Tenderer must obtain & must produce
such authorization on the name of the work from the Manufacturer. The authorization certificate issued by
distributor; dealer/power of attorney holder shall not be entertained.
19. The contractor shall obtain from the sheeting manufacturer of micro prismatic graded Sheeting a Pre-
Qualification Warranty certificate in original for ten years for Type XI, and submit the same during Bid
Submission.

Ministry/ IRC Reference– MoRTH Section 800, Clause 8 0 1 . 3 .1 1 & IRC67-2022

Clause6.9. Warranty and Durability – The contractor/ supplier is the authorized
converter of sheeting manufacturer.
20. A certificate of having tested the sheeting for following properties and its having passed these tests shall be
obtained from International/Government Laboratory Institute, by the manufacturer of the Sheeting.

• Coefficient of Retro Reflection

• Day time color & luminance
• 3 years outdoor weathering
• Shrinkage
(vi Flexibility
(vi) Liner Removal
(vii) Adhesion
(viii) Impact resistance
(ix) Specular gloss
(x) Fungus Resistance

Ministry/IRCReference–IRC-67/2022,Clause 6.7 5
21. The bidder shall submit 3 years outdoor weathering Test report of retro reflective sheeting from an Indian
Govt. Lab from the manufacturers. The tests should be conducted in India by Govt. Lab. The test report shall
have following parameters tested after accelerated outdoor weathering as per IRC 67 2022 and ASTM
 D4956:

•Visual inspection for cracking, scaling, pitting, blistering, edge lifting or curling -
ASTM D4956 Clause 6.4

•Coefficient of retro-reflection after 3 years accelerated outdoor weathering in India -

ASTM D4956- 19 Clause 6.4

• Color Fastness (Day time color & Luminance factor)-ASTMD4956-19 Clause 6.5
If sheeting manufacturer is not having 3-year outdoor weathering report tested in Indian condition than a certificate
conforming to ASTM: D4956 specification on artificial accelerated weathering requirements from a reputed lab oratory in
India can be accepted provisionally. In this case, the bidder shall upload the performance bank guarantee of retro reflective
sheeting manufacturer issued by nationalized bank which shall be equivalent to the tender value and shall be valid till the end
of warranty period of 10 years. The same shall be uploaded along with the bid.

22. After completion of work the contractor shall submit Warranty certificate (10 years for Type XI and micro
prismatic graded sheeting) in original for completion of installation of signboards as per requirement of IRC
67:2012.

Ministry/IRCReference–IRC-67:2022, Clause 6.9. Warranty & Durability.

23. All sign boards to be dated during fabrication with indelible marking to indicate the date of manufacture of the
road sign and actual date of installation at site in an unprotected outdoor exposure.
Ministry/IRC Reference–MoRTH Section 800,Clause 801.3.11.Warranty and Durability.

24. Product conformance certificate in original from the manufacturer of retro reflective sheeting stating that the
material & test certificates offered for this tender conforms to the above stated IRC 67-2012/2022 and MORTH
requirement in this tender and manufacturer takes all responsibility for the same. Failure of providing required
certificate or providing false details shall lead to black listing of contractor / manufacturer.

25. Bidder along with sheeting manufacturer must give the declaration letter for using the Annexure-VII on each
board as per Section 13.2 of IRC67-2022.

26. The bidders & its OEM shall submit individual notarized affidavit on Rs.200 stamp paper declaring that they
have not been convicted, punished, or found guilty of any wrongdoing or blacklisted in any government
department, semi-government department, PSU during last five years. The affidavit shall be uploaded along
with the bid.

27. Bidder must get the Make in India certificate issued via CA from the manufacturer for Retro reflective
sheeting and other Road furniture. (As per MII content defined via GOI).

28. Bidder must have to submit the inventory sheet for the signage along with the photograph, quardinates and
KMZ file to process the bill.

29. Bidder shall submit & upload declaration issued by Digital Printer OEM (as per tender requirement) that
OEMs printer is capable of printing on retro reflective sheeting for making traffic signage as per IRC67- 2022 &
signage can be warranted by sheeting OEM for MCS warranty. All signage boards must be made via using Digital
printing process as per the IRC67-2022.

30. Bidder shall submit the sample of the white Type XI retro – reflective sheeting of size 12“x 12” pasted on 4
mm ACP/ACM. Sample boards shall be signed by both bidder and Sheeting OEM’s Authorized
Representative of the manufacturer on the back side having the details of tender name, Due date etc. The
same shall be tested for reflective values of white retro reflective sheeting on all observation and entrance
angle saspertable no.6.9 of IRC 67:2012 and MORTH specified methodology as a pre- qualification criteria.
6
31. A minimum 2 number flexible median markers and 1sqft.are a of aluminum flexible prismatic sheeting shall
be applied on foundation of the signage structures to ensure safety of the commuters from the perceived
hazard.
 32. Bidder shall submit and upload along with bid third party test report of AFP from Government lab CRRI
/ ARRI/ CPRI confirming to the

(a) Flexibility,

(b) Co-efficient of Retro Reflection.

(c) Impact.

33. Bidder shall submit and upload the test report from a Govt. Lab (ARAI/CRRI/CPRI) for flexible median marker
conforming to rebound ability & tensile strength.

34. Bidder or his Authorized Supplier/Vendor shall have all the requisite machinery for manufacturing proposed items
as under:

A) 4feet+wideplotterandroller.

B) Proposed sheeting manufacturer Digital Printer 48 Inches or more , which uses ink with low VOC emissions.
Should submit necessary documentary proof in form of purchase bills/ invoice copies/ transfer papers thereof
along with detailed specification of the Digital Printer duly recommended by OEM Sheeting.

C) Original design software license for printing on reflective sheeting. Bidder or Authorized Supplier/Vendor Should
submit necessary documentary proof in form of purchase bills/ invoice copies thereof.

D) The Bidder or Authorized Supplier/Vendor must have in house fabrication unit of at least 2000 sq. ft. form last 5
years for converting reflective sheeting and other metal items required in this project. The proof of the same and
factory Factory licence for both OEM and bidder be submitted along with bid submission.

The proof of the same and factory Factory licence for both OEM and bidder be submitted along with bid
submission.

General Manager (Technical),

U.P.S.T.D.C. Ltd.

7
 Notice InvitingTenders

No 4661/Pari-5/Nivida Suchna/2024-25 Dated: 26.04.2025

1. The G.M. (TECH) U.P.S.T.D.C. LTD. on behalf of Governor of Uttar Pradesh invites the percentage rate bids from the eligible
and approved Contractors empaneled in Signage work with UPSTDC Ltd. in class A, B, C and D as the case may be. The
Bidder may submit bids for any or all of the works. Bidders are advised to note the minimum qualification criteria specified in
Clause 4 of the Instructions to Bidders to qualify for the award of the contract..
2.
SL DISTRICT Name of Estim Bid Time Address of Address of Addressof M.D
No Work ated Secu- of General Manager C.G.M
cost( rity Comp (Technical)
Rs.) (Rs.) letion
in in lacs
lacs
1 2 3 4 5 6 7 8 9
1 Pilibhit Eco tourism signage 371.59 20.58 9 Genral Manager (tech) Cheif Genral Managing Director
work in districts Months upstdc c-13 vipin Manager upstdc c- upstdc c-13 vipin
Pilibhit, Ghaziabad, khand gomti nagar 13 vipin khand khand gomti nagar
Amroha, Bareilly,
lucknow gomti nagar lucknow
Moradabad, Agra,
Firozabad, Etawah, lucknow
Gautam Buddha Nagar

2 Lucknow Work of eco tourism 375.08 20.75 9

signage in districts Months
Lucknow, Sitapur,
Lakhimpur Kheri,
Ayodhya, Gorakhpur,
Basti, Siddharthnagar,
Chitrakoot, Banda,
Shahjahanpur, Sant
Kabir Nagar, Mahoba
and Bahraich

2. The bids shall remain valid for acceptance for a period of 90 days from the last date of submission of bids. Bids once submitted cannot be
withdrawn.\

3. A set of Bidding documents may be downloded online of the tender.up.nic.in/nicgep/app respectively of the table corresponding to the
respective work, between the hours of 09.00 am and 06:55 pm on any working day from 05.05.2025 To……15-05-2025……… for a non-
refundable fee of Rs. 2714.00 (Rupees two thousand seven hundred fourteen only) Rs. 2000 for stationary charges and Rs. 300 for tender
cost and Rs. 414.00 per set per work as indicated, in the form of Demand Draft drawn on any Scheduled banking favor of “UPSTDC Ltd”
payable at Lucknow Interested bidders may obtain further information at the same office from where the documents are purchased.
Bidding document can be downloaded from the website But its cost, i.e., Rs 2714/- in the form of DD drawn on any Scheduled bank in
favor of“, U.P.S.T.D.C. Lt” payable at Lucknow will necessarily be attached with the bid. However for bid document downloaded from the
website, the drawings will be available in the office of concerned . or General Manager (Technical) at the address indicated in columns 7
respectively of the above table against the concerned package.

4. In case of any discrepancy between the downloaded bid document and that available with the concerned ../General Manager (Technical), the
bid document available in the office would be considered authentic Bids must be delivered to the office of the . executing the work, General
Manager (Technical) or C.G.M. mentioned in columns 7, 8 & 9 of the table corresponding to the respective work on or before 12.30 Noon on
15.05.2025 and the technical bids will be opened on 16.05.2025 at 03.30 pm, in the office of the General Manager (Technical) mentioned in
columns 7, in the presence of the bidders who wish to attend. If the office happens to be closed on the date of receipt or opening of the bids as
specified, the bids will be received and opened on the next working day, respectively, at the same time and venue, and validity of bid will be
considered from the original date. The date and time of opening of the financial bid shall be notified by a notice displayed in the office of the
General Manager (Technical) mentioned in columns 7 and by individual notice to the eligible and qualified bidders. The Financial bids shall be
opened in the office of the General Manager (Technical) mentioned in columns 7, in the presence of the bidders who wish to attend.

5. A pre-bid meeting will be held for each work on 09-05-2025 at 12.00 Noon at the office of (G.M. Tech mentioned in column 7 of the table
corresponding to the respective package to clarify the issues and to answer questions on any matter that may
8 be raised at that stage as
stated in Clause 9.2of‘Instructions to Bidders ‘of the bidding document.

6. Bids must be accompanied with security of the amount specified for the work in the table. In the farm of F.D.R. pledged in the name of
M..D UPSTDC Ltd. Bid security will have to be in any one of the forms as specified in the bidding document and shall be valid for 45
days beyond the validity of the bid.
7. A bidder shall not be permitted to bid for works in the U.P.S.T.D.C. Ltd. responsible for award and execution of contracts in which is or
 his spouse’s near relatives (defined as first blood relations, and their spouses) is posted as Divisional Accountant oarsman officer many
capacity between the grades of General Manager (Technical) and A.P.M.(both inclusive)

8. No Engineer of gazetted rank or other Gazetted officer employed in Engineering or Administrative duties in an Engineering Department of
the State / Central Government is allowed to work as a Contractor for a period of two years after his retirement from Government service,
without Government permission. This contract is liable to be cancelled if either the Contractor or any of his employees is found any time to
be such a person who had not obtained the permission of the Government as aforesaid before submission of the tender or engagement in
the Contractor’s service.

9. Bid documents and other details consisting of qualification information and eligibility criterion of bidders, plans, specifications, drawings,
the schedule of quantities of the various classes of work to be done and the set of terms &conditions of contract to be complied with by the
Contractor can be seen in the office of the .. mentioned in column 7of the table corresponding to the respective package between hours of
11.00 am and 04.00 pm on any working day between 05-05-2025 and 15-05-2025

10. Any bidder who is having criminal record is not allowed to participate in the bidding process.

11. Any bidder who is registered with the state Bar Council is not allowed to participate in the bidding process.

12. Each bidder is required to furnish an affidavit on a non-judicial stamp paper of Rs. 100/- giving all in formations on prescribed performer
required fore valuation of the bidding capacity of the bidder.

13. Firm/Agency shall provide N.O.C concerning Department for work before execution of work, otherwise payment
not proceed by UPSTDC
14. Bidder must have 05 years experience for simllar work documents to be uploaded along with tender.
15. Firm/Agency should Empaneled in UPSTDC in Signage work.
16. The rates in BOQ are exclusive of GST & GST Shall be Paid Extra.

Ministry/ IRC Reference– MoRTH Section 800, Clause 801.3.11. Warranty and
Durability – The contractor/ supplier is the authorized converter of sheeting
manufacturer.
17. The Contractor shall be original Manufacturer of the Retro Reflective sheeting and Road furniture or
specifically certified Authorized Convertor by the Original Manufacturer and shall submit such Authorization
certificate and legal agreement copy during the bid submission. The Tenderer must obtain & must produce such
authorization on the name of the work from the Manufacturer. The authorization certificate issued by
distributor; dealer/power of attorney holder shall not be entertained.
18. The contractor shall obtain from the sheeting manufacturer of micro prismatic graded Sheeting a Pre-
Qualification Warranty certificate in original for ten years for Type XI, and submit the same during Bid
Submission.

Ministry/ IRC Reference– MoRTH Section 800, Clause 8 0 1 . 3 .1 1 & IRC67-2022

Clause6.9. Warranty and Durability – The contractor/ supplier is the authorized
converter of sheeting manufacturer.
19. A certificate of having tested the sheeting for following properties and its having passed these tests shall be
obtained from International/Government Laboratory Institute, by the manufacturer of the Sheeting.

a. Coefficient of Retro Reflection

b. Day time color & luminance
c. 3 years outdoor weathering
d. Shrinkage
(vi Flexibility
(xi) Liner Removal
(xii) Adhesion
(xiii) Impact resistance
(xiv) Specular gloss
(xv) Fungus Resistance
9
Ministry/IRCReference–IRC-67/2022,Clause 6.7

20. The bidder shall submit 3 years outdoor weathering Test report of retro reflective sheeting from an Indian
Govt. Lab from the manufacturers. The tests should be conducted in India by Govt. Lab. The test report shall
 have following parameters tested after accelerated outdoor weathering as per IRC 67 2022 and ASTM
D4956:

a. Visual inspection for cracking, scaling, pitting, blistering, edge lifting or curling - ASTM
D4956 Clause 6.4

b. Coefficient of retro-reflection after 3 years accelerated outdoor weathering in India - ASTM

D4956- 19 Clause 6.4

c. Color Fastness (Day time color & Luminance factor)-ASTMD4956-19 Clause 6.5
If sheeting manufacturer is not having 3-year outdoor weathering report tested in Indian condition than a certificate
conforming to ASTM: D4956 specification on artificial accelerated weathering requirements from a reputed lab oratory in
India can be accepted provisionally. In this case, the bidder shall upload the performance bank guarantee of retro reflective
sheeting manufacturer issued by nationalized bank which shall be equivalent to the tender value and shall be valid till the end
of warranty period of 10 years. The same shall be uploaded along with the bid.

21. After completion of work the contractor shall submit Warranty certificate (10 years for Type XI and micro
prismatic graded sheeting) in original for completion of installation of signboards as per requirement of IRC
67:2012.

Ministry/IRCReference–IRC-67:2022, Clause 6.9. Warranty & Durability.

22. All sign boards to be dated during fabrication with indelible marking to indicate the date of manufacture of the
road sign and actual date of installation at site in an unprotected outdoor exposure.
Ministry/IRC Reference–MoRTH Section 800,Clause 801.3.11.Warranty and Durability.

23. Product conformance certificate in original from the manufacturer of retro reflective sheeting stating that the
material & test certificates offered for this tender conforms to the above stated IRC 67-2012/2022 and MORTH
requirement in this tender and manufacturer takes all responsibility for the same. Failure of providing required
certificate or providing false details shall lead to black listing of contractor / manufacturer.

24. Bidder along with sheeting manufacturer must give the declaration letter for using the Annexure-VII on each
board as per Section 13.2 of IRC67-2022.

25. The bidders & its OEM shall submit individual notarized affidavit on Rs.200 stamp paper declaring that they
have not been convicted, punished, or found guilty of any wrongdoing or blacklisted in any government
department, semi-government department, PSU during last five years. The affidavit shall be uploaded along
with the bid.

26. Bidder must get the Make in India certificate issued via CA from the manufacturer for Retro reflective
sheeting and other Road furniture. (As per MII content defined via GOI).

27. Bidder must have to submit the inventory sheet for the signage along with the photograph, quardinates and
KMZ file to process the bill.

28. Bidder shall submit & upload declaration issued by Digital Printer OEM (as per tender requirement) that OEMs
printer is capable of printing on retro reflective sheeting for making traffic signage as per IRC67- 2022 & signage
can be warranted by sheeting OEM for MCS warranty. All signage boards must be made via using Digital printing
process as per the IRC67-2022.

29. Bidder shall submit the sample of the white Type XI retro – reflective sheeting of size 12“x 12” pasted on 4
mm ACP/ACM. Sample boards shall be signed by both bidder and Sheeting OEM’s Authorized
Representative of the manufacturer on the back side having the details of tender name, Due date etc. The
same shall be tested for reflective values of white retro reflective sheeting on all observation and entrance
angle saspertable no.6.9 of IRC 67:2012 and MORTH specified methodology as a pre- qualification criteria.
1
0
30. A minimum 2 number flexible median markers and 1sqft.are a of aluminum flexible prismatic sheeting shall
be applied on foundation of the signage structures to ensure safety of the commuters from the perceived
hazard.
 31. Bidder shall submit and upload along with bid third party test report of AFP from Government lab CRRI
/ ARRI/ CPRI confirming to the

(d) Flexibility,

(e) Co-efficient of Retro Reflection.

(f) Impact.

32. Bidder shall submit and upload the test report from a Govt. Lab (ARAI/CRRI/CPRI) for flexible median marker
conforming to rebound ability & tensile strength.

33. Bidder or his Authorized Supplier/Vendor shall have all the requisite machinery for manufacturing proposed items
as under:

E) 4feet+wideplotterandroller.

F) Proposed sheeting manufacturer Digital Printer 48 Inches or more , which uses ink with low VOC emissions.
Should submit necessary documentary proof in form of purchase bills/ invoice copies/ transfer papers thereof
along with detailed specification of the Digital Printer duly recommended by OEM Sheeting.

G) Original design software license for printing on reflective sheeting. Bidder or Authorized Supplier/Vendor Should
submit necessary documentary proof in form of purchase bills/ invoice copies thereof.

H) The Bidder or Authorized Supplier/Vendor must have in house fabrication unit of at least 2000 sq. ft. form last 5
years for converting reflective sheeting and other metal items required in this project. The proof of the same
and factory Factory licence for both OEM and bidder be submitted along with bid submission.

The proof of the same and factory Factory licence for both OEM and bidder be submitted along with bid
submission.

General Manager (Technical),

U.P.S.T.D.C. LTD

11
 Section2: Instructions to Bidders
Table of Clauses

Clause A. General Clause D. Submission of Bids

1 Scope of Bid 20 Deadline for Submission of Bids

2 Source of Funds 21 Late Bids
3 Eligible Bidders E.Bid Opening
4 Qualification of the Bidder 22 Bid Opening
5 One Bid per Bidder 23 Process to be Confidential
6 Cost of Bidding 24 Clarification of Bids and Contracting the
Employer
7 Site Visit 25 Examination of bids
and Determination of Responsiveness
B. Bidding Documentsand 26 Correction of Errors
Evaluation
8 Content of Bidding Documents 27 Evaluation and Comparison of Bids
9 Clarification of Bidding Documents 28 Preference for Domestic Bidders
10 Amendment to Bidding Documents Forward of Contract
C. Preparation of Bids 29 Award Criteria
11 Language of Bid 30 Employer's Right to Accept any Bid and
to Reject any or all Bids
12 Documents Comprising the Bid 31 Notification of Award
13 Bid Prices 32 Performance Security
14 Currencies of Bid and Payment 33 Advances
15 Bid Validity 34 Corruptor Fraudulent Practices

12
16 Earnest Money
17 Alternative Proposals by Bidders
18 Format and Signing of Bid
19 Sealing and Marking of Bids

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 Instructions to Bidders(ITB)
A. General
1. Scope of Bid
1.1 The Employer as defined in the Appendix to ITB invites bids for the construction of
Works as described in these documents and referred to as “the works”. The name and
identification number of the works is provided in the Appendix to ITB. The bidders may
submit bids for any or all of the works detailed in the table given in the Notice Inviting
Tender. Bid for each work should be submitted separately.

1.2 The successful Bidder will be expected to complete the Works by the In tender
Completion Date specified in the Part I General Conditions of Contract.

1.3 Through out these documents, the terms “bid” and “tender” and their derivatives
(bidder/renderer, bid/tender,bidding/tendering,etc.)are synonymous.

2. Source of Funds
2.1 The Government of the State U.P. as defined in the Appendix to ITB has decided to
undertake the works of Signage Work.

2.2 The Government of the State has decided to provide funds for the Signage Work.

3. Eligible Bidders
3.1 This Invitation for Bids is open to all bidders as defined in the Appendix to ITB.

3.2 Bidders shall not be under a declaration of in eligibility for corrupt and fraudulent practices
by the Central Government, the State Government or any public undertaking, autonomous body,
authority by whatever name called under the Central or the State Government.
3.3Any bidder shaving criminal record is not allowed to participate in the bidding process. Any
person who is having criminal cases against him or involved in the organized crime or
gangster activities or Mafia or Goonda or Anti social activity are strictly prohibited to
participate in the bidding process. If it is established that any bidder has criminal record, his bid
shall be automatically cancelled.
3.4The bidder has to produced character certificate, Solvency certificate, self-decoration affidavit
(on the prescribed Performa which is attached with the bid document) etc ,issued by the
competent authority in original with bid document.

3.5. Any bidder who is an Advocate and Registered with any State Bar Council Shall not be
allowed to participate in the bidding. If it is established that the contractor is registered with
the state bar council, his bid shall be automatically cancelled.

4. Qualification of the Bidder

4.1 All bidders shall provide in Section3, Forms of Bid and Qualification information,
preliminary description of the proposed work method and schedule, including drawings and
charts, as necessary.

4.2 AllbiddersshallincludethefollowinginformationanddocumentswiththeirbidsinSection3,Qualifi
cationInformationunlessotherwise stated in the Appendix to ITB:
(a)copies of original documents defining the constitution or legal status, place of registration, and
principal place of business; written power of attorney of the signatory of the Bid to commit the
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 Bidder;
(b) total monetary value of civil construction works performed for each of the last five years;
(c)experience in work so as similar nature and size for each of the last five years, and detail so
works in progress or contractually committed with certificates from the concerned officer of the
rank of .. or equivalent;
evidence of ownership of major items of construction equipment named in Clause 4.4B(b)(i) of
(d)
ITB or evidenceofarrangementofpossessingthemonhire/lease/buyingasdefinedtherein.
(e) details of the technical personnel proposed to be employed for the Contract having the
qualifications defined in Clause4.4B
(b)(ii) of ITB for the construction.
(f) reports on the financial standing of the Bidder, such as profit and loss statements and
auditor's reports for the past three years;

15
  an undertaking that the bidder will be able to invest minimum of cash up to the percentage (defined
in the AppendixtoITB)ofthecontractpriceofworks,duringtheimplementationoftheworks;

(g)Evidence of access to line(s) of credit and availability of other financial resources/facilities

(10percentofthecontractvalue) certified by banker(thecertificatebeingnotmorethan3monthsold.)

(h) authority to seek references from the Bidder's bankers;

(i) informationregardinganylitigationorarbitrationduringthelastfiveyearsinwhichtheBidderisinvolved,thep
artiesconcerned,the disputed amount, and the matter;

(j) Proposal for subcontracting the components of the works for construction/ Up gradation aggregating
not more than 25% of the contract price:-and

(k) the
proposed methodology and programmed of construction, backed with equipment and material
planning and development, duly supported with broad calculations and Quality Management Plan
proposed to be adopted, justifying their capability of execution and completion of the work as per
technical specifications and within the stipulated period of completion.

4.3 Bids from joint venture are not allowed.

4.4 AT qualify forward of the Contract, each bidder should have in the last five years:
a) Achieved in any one year a minimum financial turnover (in all cases of civil engineering construction
works only) volume of construction work of at least the amount equal to the estimated cost of works
(excluding maintenance cost for five years) for which bid has been invited. The turnover will be in dexeat
the rate of 8percentforayear.
b) Satisfactorily completed, as prime Contractor, at least one similar work equal in value to one-third of
the estimated cost of work (excluding maintenance cost for five years) for which the bid is invited, or
such higher amount as may be specified in the Appendix to ITB.
4.4 B (a)Each bidder must produce:
(i) The current income-tax clearance certificate;
(ii) An affidavit thattheinformationfurnishedwiththebiddocumentsiscorrectinallrespects;and
(iii) Such other certificates as defined in the Appendix to ITB. Failure to produce the
certificates shall make the bid non-responsive.
(b) Each bidder must demonstrate:
(i) Availability for construction work, of the owned, key equipment stated in the Appendix to
ITB includingequipmentsrequiredforestablishingfieldlaboratorytoperformmandatorytests,andthose
stated in the Appendix to ITB;
(ii) Availability for construction work of technical personnel as stated in the Appendix to ITB.
(iii) Liquid as sets
and/orcreditfacilities,netofothercontractualcommitmentsandexclusiveofanyadvancepaymentswhichm
aybemadeundertheContract,ofnotlessthantheamountspecifiedintheAppendixtoITB;

(c) The bidder must not have in his employment:

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 (i) The near relations (defined as first blood relations, and their spouses, of the bidder or the
bidder’s spouse) of persons listed in the Appendix to ITB.
(ii) Without Government permission, any person who retired as gazette officer within the last
two years of the rank and from the departments listed in the Appendix to ITB.

4.4.To qualify for a package of contracts made up of this and other contracts for which bids are invited in
the Notice Inviting Tender, the bidder must demonstrate having experience and resources sufficient
to meet the aggregate of the qualifying criteria for the individual on tracts.

4.5 Sub contractors experience and resources shall not be taken into account in determining the bidders
compliance with the qualifying criteria except to the extent stated in 4.4 A above

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 4.6 Bidderswhomeettheminimumqualificationcriteriawillbequalifiedonlyiftheiravailablebidcapacityfo
rconstructionworkisequaltoormorethanthetotalbidvalue.Theavailablebidcapacitywillbecalculatedasun
der:
Assessed Available Bid capacity=(A*N*M-B )
w
h A = Maximum value of civil engineering works executed in any one year during the last five years
e (updated to the price level of the last year at the rate of 8 percent a year) taking into account the
r completed as well as works in progress.
e
N =Number of years prescribed for completion of the works for which bids are invited (period up to 6
months to be taken as half-year and more than6 months as one year).
M=Mistaken2.5
B= Value, at the current price level, of existing commitments and on-going works to be completed during
the period of completion of the works for which bids are invited.

Note: The statements showing the value of existing commitments and on-going works as well as the
stipulated period of completion remaining for each of the works listed should be countersigned by the
Engineer in charge, not below the rank of an .. or equivalent.

4.7 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they
have:
(i) Made misleading or false representations in the forms, statements,
affidavitsandattachmentssubmittedinproofofthequalificationrequirements;and/or
(ii) Record of poor performance such as a band owning the works, not properly completing the
contract, in ordinate delays incompletion, litigation history, or financial failures etc.
(iii) Participated in the previous bidding for the same work and had quoted unreasonably high
or low bid prices and could not furnish rational justification for it to the Employer.

5. One Bid per Bidder

5.1 EachBiddershallsubmitonlyoneBidforonework.ABidderwhosubmitsmorethanoneBidwillcausethepropo
sals with the Bidder's participation to bed is qualified.

6. Cost of Bidding

6.1 The Bidder shall be are all costs as associated with the preparation and submission of his Bid, and
the Employer will, in no case, be responsible or liable for those costs.

7. Site Visit

7.1 The Bidder, at his own cost, responsibility and risk, is encouraged to visit, examine and familiarize
18
himself with the Site of Work sand its surroundings including source of earth, water, road aggregates
etc. and obtain ally in formation that may be necessary for preparing the Bid and entering in to a
contract for construction of the Works. The costs of visiting the Site shall be at the Bidder's own
expense. He may contact the person whose contact details are given in the Appendix to ITB.

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 B. Bidding Documents
8. Content of Bidding Documents

8.1Thesetofbiddingdocumentscomprisesthedocumentslistedbelowandaddendaissuedinaccordancewit
hClause10ofITB.
1NoticeInvitingTender2.InstructionstoBidders
3 Qualification Information4ConditionsofContract
(Part I General Conditions of Contract, and Contract Data; Part II Special Conditions of Contract) 5
Specifications
6 Drawings
7 Bill of Quantities8FormofBid
9Form of Acceptance, Form of Agreement, Issue of Notice to Proceed with the Work, form of
Unconditional Bank Guarantee.

8.2 Onesetofthebiddingdocumentswillbeissuedtothebidderagainstthepayment.

8.3 The bidder is expected to examine carefully all instructions, conditions of contract, contract data,
forms, terms and specifications, bill of quantities, forms and drawings in the Bid Document. Failure
to comply with the requirements of Bid Documents shall be at the bidder’s own risk. Pursuant to
clause 25 hereof, bids, which are not substantially responsive to the requirements of the Bid
Documents, shall be rejected.

9. Clarification of Bidding Documents and Pre-bid Meeting

9.1 A prospective bidder requiring any clarification of the bidding document may notify the employer
in writing or by cable (“cable” includes Telex and facsimile) at the employer address indicated in the
Notice inviting tenders. The Employer
willrespondtoanyrequestforclarificationreceivedearlierthan10Dayspriortothedeadlineforsubmissionofb
id.Copiesofthe employer’s response will be forwarded to all purchasers of the bidding documents,
including a description of the enquiry, but without identifying it’s source

9.2 If a pre-bid meeting is to be held, the bidder or his authorized representative is invited to attend it.
Its date, time and address are given in the Appendix to ITB.

9.2.1 Thepurposeofthemeetingwillbetoclarifyissuesandtoanswerquestionsonanymatterthatmayberaisedatth
atstage.

9.2.2 The bidder is requested to submit any questions in writing or by cable so as to reach the Employer
not later than one week before the meeting.

9.2.3 Minutes of the meeting, including the text of the questions raised (without identifying the source of
the enquiry)
andtheresponsesgivenwillbetransmittedwithoutdelaytoallpurchasersofthebiddingdocuments.Anymodi
ficationsofthe bidding documents listed in Clause 8.1 of ITB, which may become necessary as a
result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an
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 Addendum pursuant to Clause 10 of ITB and not through the minutes of the pre-bid meeting.

9.2.4 Non-attendanceatthepre-bidmeetingwillnotbeacausefordisqualificationofabidder.
10. Amendment of Bidding Documents
10.1 Before the deadline for submission of bids, the Employer may modify the bidding documents by
issuing addenda.

10.2 Any addendum thus issued shall be part of the bidding documents and shall be communicated in
writing by registered post or by cable to all purchasers of the bidding documents. Prospective bidders
shall acknowledge receipt of each addendum by cable to the Employer.

10.3 To give prospective bidders reasonable time in which to take an addendum into account in preparing
their bids, the Employer shall extend, as necessary, the deadline for submission of bids, in
accordance with Clause20.2ofITB.

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 C. PreparationofBids

11. Language of Bid

11.1 All documents relating to the Bid shall be in the language specified in the Appendix to ITB.
12. Documents Comprising the Bid

12.1 The Bid submitted by the Bidder shall be in two separate parts:

Part I This shall be named Technical Bid and shall comprise of:
I. For bidding documents downloaded from the website, the demand draft for the cost of the bidding
documents placed in a separate cover, marked“ cost of bidding document downloaded from the
internet”;
II. Earnest Money in a separate cover marked ‘Earnest Money’;
III. Authorized Address and contact details of the bidder having the following information: Address of
communication:
Telephone No. (s): Office:
Mobile No.:
Facsimile (Fax) No.:
(E-mail ID):
IV. Qualification information, supporting documents, affidavit and undertaking as specified in Clause4 of ITB.
V Undertaking that the bid shall remain valid for the period specified in clause15.1OFITB.
VI any other information/documents required to be completed and submitted by bidders, as specified in the
Appendix to ITB, and
VII. An affidavit affirming that information he has furnished in the bidding document is correct to the best
of his knowledge and belief.
Part II. It shall be named Financial Bid and shall comprise of:
(i) FormofBidasspecifiedinSection6;
(ii) Priced bill of quantities for items specified in Section7;

12.2 Each part shall be separately sealed and marked in accordance with Sealing and Marking
instructions in clause 19 of ITB.

12.3 The following documents, which are not submitted with the bid, will be deemed to be part of
the bid.
Section Particulars

1 Notice inviting Tender

2 Instruction to the bidders
3. Conditions of Contract
4. Contract Data
5. Specifications
6. Drawings
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 13. Bid Prices

13.1 The Contract shall be for the whole Works, as described in Clause1.1ofITB, based on the priced Bill
of Quantities submitted by the Bidder.

13.2 TheBiddershalladoptthePercentageRateMethodasspecifiedintheAppendixtoITB;only the same option is

allowed to all the Bidders.
Percentage Rate Method requires the bidder to quote a
percentageabove/below/atparofthescheduleofratesspecifiedintheAppendix to ITB.

13.3 The rates are exclusive of GST & GST Shall be paid extra as per rule.

13.4 The rates and prices quoted by the Bidder shall be fixed for the duration of the Contract of the GST
exclusive rates & shall be paid extra as per rules and shall not be subject to adjustment.

14. Currencies of Bid

14.1 The unitratesandthepricesshallbequotedbythebidderentirelyinIndianRupees.

15. Bid Validity

15.1 Bids shall remain valid for a period of ninety days after the deadline date for bid submission specified
in Clause 20 of ITB. Abidvalid for a short period shall be rejected by the Employer as non-responsive.

15.2 In exceptional circumstances, prior to expiry of the original time limit ,the Employer may request
that the bidders may extend the period of validity for a specified additional period. The request and
the bidders’ responses shall be made in writing or by cable. A bidder may refuse the request without
forfeiting his Earnest Money. A bidder agreeing to there quest will not be required or permitted to
modify his bid, but will be required to extend the validity of his earnest money for a period of the
extension,andincompliancewithClause16ofITBinallrespects.

16. Earnest Money

16.1 The Bidder shall furnish, as part of the Bid, Earnest Money, in the amount specified in the Appendix to
ITB.

16.2 The Earnest Money shall, at the Bidder’s option, be in the form of Fixed Deposit Receipt of a
scheduled commercial bank, NSC, Post office saving Bank issued in favor of the name given in the
Appendix to ITB. The Fixed Deposit Receipt shall be valid for six months or more after the last date of
receipt of bids. Other forms of Earnest Money acceptable to the Employer are stated in the Appendix
to ITB.
16.3 Any bid not accompanied by an acceptable Earnest Money, unless exempted in terms given in the
Appendix to ITB, shall be rejected by the Employer as non-responsive.

16.4 The Earnest Money of unsuccessful bidders will be returned within 28 days of the end of the Bid
validity periodspecifiedinClause15.1 of ITB.

16.5 The Earnest Money of the successful Bidder will be discharged when the Bidder has signed the
Agreement and furnished the required Performance Security.

16.6 The Earnest Money may be for fitted:

a) if the Bidder withdraws the Bid after bid opening (technical bid) during the period of Bid validity;
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 b) in the case ofasuccessfulBidder,iftheBidderfailswithinthespecifiedtimelimitto
i. sign the Agreement; and/or
ii. Furnish the required Performance Security.
17. Alternative Proposals by Bidders

17.1 Bidders shall submit offers that comply with the requirements of the bidding documents, including
the Bill of Quantities and the basic technical design as indicated in the drawings and specifications.
Alternative proposals will be rejected as non-responsive.

18. Format and Signing of Bid

18.1 The Bidder shallsubmitonesetofthebidcomprisingofthedocumentsasdescribedinClause12 of ITB.

18.2 The Bid shall be type do written in indelible in and shall be signed by a person or persons duly
authorized to sign on behalf of the Bidder, pursuant to Clause 4.3(a) of ITB. All pages of the Bid shall
be signed by the person or persons signing the Bid.
18.3 The Bid shall contain no overwriting, alterations or additions, except those to comply with
instructions issued by the Employer, or as necessary to correct errors made by the Bidder, in which
case such corrections shall be made by scoring out the cancelled portion, writing the correction and
initialing and dating it by the person or persons signing the Bid.

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D. Submission of Bids

19. Sealing and Marking of Bids

19.1 TheBiddershallplacethetwoseparateenvelopes(calledinnerenvelopes)marked“TechnicalBid”and“Fi
nancialBid”inoneouterenvelope.Theinnerenvelopeswillhavemarkingsasfollows:
Technical Bid: To be opened on 17-06-2023 at 3.30PM (date and time of Technical Bid opening as per
clause 22.1of ITB.)
Financial Bid: Not to be opened except with the approval of the Employer.
The contents of the Technical and Financial Bids shall be as specified in clause12.1ofITB.
19.2 TheinnerandouterenvelopescontainingtheTechnicalandFinancialBidsshall
a) be addressed to the Employer at the address provided in the Appendix to ITB;
b) be a the name and identification number of the Contract as defined in clause1.1ofITB;and
c) Provides a warning not to open be for the specified time and date for Bid opening as
definedinclause22.1ofITB.

19.3 In addition to the identification required in Clause 19.2, each of the envelopes shall indicate the
name and address of the Bidder to enable the Bid to be returned unopened in case it is declared late,
pursuant to Clause 21 of ITB, or isdeclarednon-responsivepursuanttoClause22 of ITB.

20.Deadline for Submission of Bids

20.1 Complete Bids (including Technical and Financial) must be received by the Employer at the
address specified in the Appendix to ITB not later than the date and time indicated in the Appendix to
ITB. In the event of the specified dateforthesubmission
ofbidsbeingdeclaredaholidayfortheEmployer,theBidswillbereceiveduptothespecifiedtimeonthe next
workingday.

20.2 TheEmployermayextendthedeadlineforsubmissionofbidsbyissuinganamendmentinaccordancewit
hClause
10.3 of ITB, in which case all rights and obligations of the Employer and the bidders previously
subject to the original dead line will then be subject to the new deadline.
21.Late Bids

21.1 Any Bid received by the Employer after the deadline prescribed in Clause 20 of ITB will be
returned opened to the Bidder.

E.Bid Opening and Evaluation

22.Bid Opening

22.1 The Employer will open the bids received (except those received late)in the presence of the
bidders/bidders’ representatives who choose to attend at the time, date and place specified in the
Appendix to ITB. In the event of the specified date for the submission of bids being declared a holiday
for the Employer, the Bids will be opened at the appointed time and location on the next working day.

22.2 The envelope containing the technical bid shall be opened. The inner envelope marked “cost of
bidding document downloaded from the Internet” will be opened first and if the cost of the bidding
documents is not there, or incomplete, the remaining bid documents will not be opened, and bid will
be rejected.
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 22.3 In all other cases, the amount of Earnest Money, forms and validity shall be announced. There
after, the bidders’ names and such other details as the Employer may consider appropriate,will be
announced by the Employer at the opening.

22.4 The Employer will prepare minutes of the Bid opening, including the information disclosed to
those present inaccordancewithClause22.3 of ITB.

22.5 Evaluationofthetechnicalbidswithrespecttobidsecurity,qualificationinformationandotherinformati
onfurnishedin Part I of the bid in pursuant to Clause 12.1 of ITB, shall be taken up and completed
within Ten working days of the date of bid opening, and a list will be drawn up of the responsive bids
whose financial bids are eligible for consideration.

22.6 The Employer shall inform, by telegram or facimal, the bidders, whose technical bids are found
responsive, date, time and place of opening as stated in the Appendix ITB. In the event of the specified
date being declared a holiday for the Employer, the bids will be opened at the appointed time and
location on the next working day through they or their representative, may attend the meeting of
opening of financial bids.

22.7 At the time of the opening of the ‘Financial Bid’, the names of the bidders whose bids were found
responsive in accordance with clause 22.5 of ITB will be announced. The financial bids of only these
bidders will be opened. There maiming bids will be returned unopened to the bidders. The responsive
bidders’ names, the Bid prices, the total amount of each bid, and such other details as the Employer
may consider appropriate will be announced by the Employer at the time of bid opening. Any Bid
price, which is not read out and recorded, will not be taken in to account in Bid Evaluation.

22.8 The Employer shall prepare the minutes of the opening of the Financial Bids.

23. Process to be Confidential

23.1 Information relating to the examination, clarification, evaluation, and comparison of bid sand
recommendations for the award of a contract shall not be disclosed to bidders or any other persons
not officially concerned with such process until the award to the successful Bidder has been
announced. Any attempt by a Bidder to influence the
Employer’sprocessingofbidsorawarddecisionsmayresultintherejectionofhisBid

24. Clarification of Bids and Contacting the Employer

24.1 No Bidder shall contact the Employer on any matter relating to its bid from the time of the bid
opening to the time the contract is awarded.
24.2 Any attempt by the bidder to influence the Employer’s bid evaluation, bid comparison or
contract award decision may result in the rejection of his bid.
25. Examination of Bids and Determination of Responsiveness

25.1 During the detailed evaluation of “Technical Bids”, the Employer will determine whether each
Bid (a) meets the eligibility criteria defined in Clauses 3 and 4; (b) has been properly signed; (c) is
accompanied by the required securities; and (d) is substantially responsive to the requirements of the
bidding documents. During the detailed evaluation of the “Financial Bids”, the responsiveness of the
bids will be further determined with respect to
theremainingbidconditions,i.e.,pricedbillofquantities,technicalspecificationsanddrawings.

25.2 A substantially responsive “Financial Bid” is one that conforms to all the terms, conditions, and
26
 specifications of the bidding documents, without material deviation or reservation. A material
deviation or reservation is one (a)
whichaffectsinanysubstantialwaythescope,quality,orperformanceoftheWorks;(b)whichlimitsinanysubst
antialway,inconsistent with the bidding documents, the Employer’s rights or the Bidder’s obligations
under the Contract; or (c)whose rectification would affect unfairly the competitive position of other
bidders presenting substantially res pensive bids.

25.3 If a “Financial Bid” is not substantially responsive, it will be rejected by the Employer, and may
not subsequently be made responsive by correction or withdrawal of the nonconforming deviationor
reservation.

26. Correction of Errors

26.1 Bids determined to be substantially responsive will be checked by the Employer for any arithmetic
errors. Errors will be corrected by the Employer as follows:
a) Where the reisadis crepancy between the rate sin figures and in words, threaten words will govern; and
b) Wherethereisadiscrepancybetweentheunitrateandthelineitemtotalresultingfrommultiplyingtheunitrateb
ythequantity,the unit rate as quoted will govern.

26.2 The amount stated in the Bid will be adjusted by the Employer in accordance with the above
procedure for the correction of errors and shall be considered as binding upon the Bidder. If the
Bidder does not accept the corrected amount, the Bid will be rejected, and the Earnest money shall be
forfeited in accordance with Clause 16.6(b)of ITB.
27. Evaluation and Comparison of Bids

27.1 The Employer will evaluate and compare only the bids determined to be substantially responsive
in accordance withClause25 of ITB.

27.2 In evaluating the bids, the Employer will determine for each Bid the evaluated Bid price by
adjusting the Bid price by making correction, if any, for errors pursuanttom Clause26ofITB.

27.3 If the Bid of the successful Bidder is seriously unbalance din relation to the Engineer’s estimate
of the cost of work to be performed under the contract, the
EmployermayrequiretheBiddertoproducedetailedpriceanalysesforanyorall items of the Bill of
Quantities, to demonstrate the internal consistency of those prices with the construction methods and
schedule proposed. After evaluation of the price analyses, the Employer may require that the amount
of the performance security set forth in Clause 32 of ITB be increased at the expense of the successful
Bidder to a level sufficient to protect the Employer against financial loss in the event of default of the
successful Bidder under the Contract. The amount of the increased performance security shall be
decided at the sole discretion of the Employer, which shall be final, binding and conclusive on the
bidder.

27.4 If the Bid of the successful Bidder is seriously unbalanced in relation to the Engineer’s estimate
of the cost of routine maintenance of works to be performed for five years under the contract, the
Employer may require the Bidder to produce detailed price analyses for routine maintenance. After its
evaluation, the Employer may require that the amount of the performance security set forth in Clause
32 be increased at the expense of the successful Bidder to a level sufficient to protect the Employer
against financial loss in the event of default of the successful Bidder under the Contract. The amount
of the increased performance security shall be decided at the sole discretion of the Employer,
whichshallbe final, binding and conclusive on the bidder.

28. Price Preference

28.1 There will be no price preference to any bidder. 27

 F. Award of Contract
29. Award Criteria
29.1 SubjecttoClause31ofITB,theEmployerwillawardtheContracttotheBidderwhoseBidhasbeendetermined:
i. to be substantially responsive to the bidding documents and who has offered the lowest evaluated Bid
price, provided that such Bidder has been determined to be (a) eligible in accordance with the
provisions of Clause 3 of ITB, and (b)qualified in accordance withtheprovisionsofClause4ofITB;and
ii. to be within the available bid capacity adjusted to account for his bid price which is evaluated the
lowest in any of the packages opened earlier than the one under consideration.
30. Employer’s Right to Accept any Bid and to Reject any or all Bids
30.1 Not with standing Clause 29 above, the Employer reserves the right to accept or reject any Bid,
and to cancel the bidding process and reject all bids, at any time prior to the award of Contract,
without there by incurring any liability to the affected Bidder or bidders or any obligation to inform the
affected Bidder or bidders of the grounds for the Employer’s action.
31. Notification of Award and Signing of Agreement.
31.1.1The bidder whose Bid has been accepted will be notified of the award by the Employer prior to
expiration of the Bid validity period by cable, telex or facsimile confirmed by registered letter. This
letter (hereinafter and in the Part I General Conditions of Contract called the “Letter of Acceptance”) will
state the sum that the Employer will pay to the Contractor in consideration of the execution,
completion by the Contractor as prescribed by the Contract (herein after and in the Contract called the
“Contract Price”).
31.2. The notification of award will constitute the formation of the Contract, subject only to the
furnishing of a performance security in accordance with the provisions of Clause32.
31.3. The Agreement will incorporate all agreements between the Employer and the successful Bidder.
It will be signed bytheEmployerandthesuccessfulBidderaftertheperformancesecurityisfurnished.
31.4UponthefurnishingbythesuccessfulBidderofthePerformanceSecurity,theEmployerwillpromptlynotifythe
other Bidders that their Bid shave been unsuccessful.

32.Performance Security
32.1 Within 10 (ten) days after receipt of the Letter of Acceptance, the successful Bidder shall deliver to
the Employer a Performance Security of five percent of the Contract Price, for the period of one years
and the time for completion of works plus additional security for unbalanced Bids in accordance with
Clauses 27.3 and 27.4 of ITB and Clause 46PartIGeneralConditionsofContractand sign the contract.
32.2 TheperformancesecurityshallbeeitherintheformofaBankGuaranteeorfixeddepositReceipts, in favor of
U.P.S.T.D.C. Ltd. payable at Lucknow, from a Scheduled Commercial Bank.
32.3 FailureofthesuccessfulBiddertocomplywiththerequirementsofClause32.1.shallconstitutessufficientgro
undsforcancellation of the award and forfeiture of the Earnest Money. He will also be debarred
from participating future bid sunderU.P.S.T.D.C. LTD. for one year.

33. Advances:

33.1 TheemployerwillprovidemobilizationadvancesandadvanceagainstsecurityofequipmentasprovidedinPa
rtIGeneralConditionOfContract.

34. Corruptor Fraudulent Practices

TheEmployerrequiresthebidders/Contractorstostrictlyobservethelawsagainstfraudandcorruptioninfo
rceinIndia, namely, PreventionofCorruptionAct,1988.

28
 Appendix to Invitation To Bidders (ITB)
.

Instructions to Bidders Clause Reference

(1.1) The Employer is General Manager (Technical),U.P.S.T.D.C. LTD.

Represented by: G.M. (TECH),……………….,Circle U.P.S.T.D.C. LTD

(1.1) The Works is Signage Work as Shown below

……………………………………..

(2.1) The State is Uttar Pradesh

(3.1) Eligible Bidders are: Contract registered with–

U.P.S.T.D.C. LTD in class ‘A, B C or ‘D’ as the case
may be.

(4.2) TheinformationrequiredfrombiddersinClause4.2ismodifiedasfollows:

NONE

4.2 (g) The percentage is Ten

(4.4A)(b) One Third of the estimated cost of works

(4.4B)(a)(iii) Other certificates required with the bid are: As per ITB

(4.4.B)(b)(i) The key equipments for road works and field testing laboratory Building
Works are: FOR BUILDING WORK

Name of the EquipmentQuantity

CostofworksUptoRs.2CroreCost of works more thanRs.2Crore

1. Concrete Mixture
2. Water Tanker
3. Vibrator Surface and Middle
4. Tractor
5. Truck
6. J.C.B.

For field testing Laboratory:

All equipment should be provided at site laband centrall ab asperSP-20-2002I.MORTH/UPP.W.D.

Note:(a)Thebiddermustproducethefollowingdocumentaryevidenceinsupportofhiso
wningtheaboveequipment:Documentsshowingproof of ownership.

29
(4.4B)(b)(ii) The Number of Technical personnel, Qualifications and Experience will be as follows:

A. The Technical Personnelare:

Technical Number Experience
Personnel UptoRs.2 Above Rs. in Building and Land Scape etc
Crore 2Crore
Contract Contract
Value Value
A. Degree Holder inCivil 1 2 Minimum2yearsofExperience
Engineering
B. Diploma holder incivil Minimum2yearsofExperience
engineering 2 4
C. Others Specify

To ensure employment of Technical Personnel, the contractor would require giving the proof of
payment of their salaries/Wages by Cheque /Demand Draft.
B. For field testing laboratory:
(4.4B)(b)(iii) The
minimumamountofliquidassetsand/orcreditfacilitiesnetofothercontractualcommitmentsofthesucc
essfulBiddershallbe10%ofthecontractvalue

(4.4B)(c)(i)
Thebiddermustproduceanaffidavitstatingthatthenearrelationsofthefollowingdepartment
alofficersarenotinhisemployment:
A.P.M./P.M./..’s,G.M. (TECH)’s,and other staff of equivalent rank
(4.4B)(c)(ii) The bidder must produce an affidavit stating the names of retired gazette officer (if
any) in his employment who retired within the last two years with the following ranks from the
departments listed below:
U.P.P.W.D.,R.E.S.and.U.P. Irrigation. (Assistant Engineer, ..,General Manager (Technical), Chief
Engineer, Director cum Chief Engineer, Engineer-in-Chief)
Incasethereisnosuchpersoninhisemployment,hisaffidavitshouldclearlystatethisfact.
(4.6) M=2.5
(7.1) Thecontactpersonis:Designation:..…………………………
Officeof U.P.S.T.D.C. Ltd.……………..
PhNo………………………………….
(9.2.1) Place,TimeandDateforpre-bidmeetingare:
Place: Office of G.M. (Tech)U.P.S.T.D.C. Ltd.
Time:12.00NoonDate:………………….
(11.1) Language of the bidis: English
(12.1) PartI (v)The other documents required are: NONE
(13.2.) Bids may be submitted only in Percentage Rate Method

(13.2) Schedule of Rate applicable for Percentage Rate Method is: As mentioned in the bill of
quantities for percentage rate bids
(16.1) The amount of Earnest Money shallbeRs.……………………………………………

30
(16.2) Fixed Deposit Receipt must be drawn in favour of:UPSTDC Ltd.,Lucknow.
(16.2) Other acceptable form Of Bid Security pledged in favourof: U.P.S.T.D.C. Ltd.
NationalsavingscertificateissuedbyP&TDeptt.,PostOfficeSavingaccountPassbook.

(16.3) Exemption from Earnest Money is granted to:NONE

(20.1) The Employer's address or the purpose of Bid submissionis

(i) Office of G.M. (Tech),U.P.S.T.D.C. Ltd.
PhNo……………………….Office of the Chief General Manager
(ii) Office of the ..

(20.1) The deadline for submission of bids shall be: Time_12.30 Noon___
Date :._ ___ ___
__ ___ __ ___
(22.1)&(22.6)The date, time and place for opening of the Technical Bids are:
(A) Technical Bid

Date:……………………….
Time:12.30PM
Place:OfficeofG.M. (Tech)……………………

(B) Financial Bid (For qualified bidderas)

Date ..........................Tobe notifiedbya notice

Time .......................... displayedintheofficeofG.M. (Tech).

Place:OfficeofG.M. (Tech),…………………U.P.S.T.D.C. Ltd.,…………………...

(32.1) The amount an Validity period of the performance guarantees:
Amount: 5% of the contract price Validity Period:-As per SBD

(i) Performancesecurityshallbevaliduntiladate45daysaftertheexpiryofDefectLiabilityPeriodof1year
safterintendedcompletiondate.

(ii) Additional Performance Security for unbalanced Bid shall be valid for 45 days plus intended
completion period.

Signature of Employer/Authorized
Date: Signatory

31
 Section 3 Qualification Information
(Following information’s shall be furnished by the contractor on a non-
judicial stamp paper of Rs.100/-only.)
Notes on Form of Qualification Information
The information to be filled in by bidders in the following pages will be used for purposes of post-qualification as
provided for in Clause 4 of the Instructions to Bidders. This information will not being corporate in the Contract.
Attach additional pages as necessary.

1.Individual Bidders

1.1 Constitution or legal status of Bidder [attached copy]

Place of registration: Principal place of business:

Power of attorney of signatory of Bid _ ___ _____ _

_ ___ _____ _

[Attach]
1.2 Total annual volume Of civil engineering construction (Rs.In lakhs)
work executed and payments received in the last five years
preceding the year in which bids are invited.(Attach
certificate from Chartered Accountant)

1.31 Work performed as prime Contractor (in the same name and style) on construction works of a similar
nature and volume over the last five years. Attach certificate from the Engineer-in-charge

Project Name of Description Value of Contract Date Stipulated Actual Remarks

Name Employer of work contract No. of Date of Date of explaining
Issue Completion Comple reasons
of tion forDelay,if
Work any
Order

32
1.3.2 Information on Bid Capacity (works for which bids have been submitted and works which are yet to be
completed) as on the date of this bid.

(A) Existing commitments and on-going construction works:

Description Place & State Contract No Name & Value Stipulated Value of Anticipated
of Work & Date Address of o f Contrac period of works Date of
Employer t (Rs. completion remainingt completion
Inlak obe
hs) completed(
Rs. Lakhs)
*
(1) (2) (3) (4) (5) (6) (7) (8)

*Enclose certificate(s) from Engineer(s)-in-charge for value of work remaining to be completed.

(B) Works for which bids all ready submitted:

Description Place & State Name & Estimated Value Stipulated Date when Remarks,if
of Work Address of of Works period of decision is any
Employer (Rs. Lakhs) completion expected
(1) (2) (3) (4) (5) (6) (7)

1.4 Availability of Major items of Contractor's Equipment proposed for carrying out the Works. List all
information requested below. Refer also to Clause 4.2(d)andClause4.4b(b)of the Instructions to Bidders.

Item of Equipment Description, make, Condition (new, good, Owned, leased(from

and age(Years),and poor)and number whom?),or
capacity available to be purchased

33
1.5 Qualification soft technical personnel proposed or the Contract. Referal so to Clause4.2(e) of the
InstructionstoBiddersandClause9.1 ofPart-1GeneralConditionsofContract.

Position Name Qualification Year so fexperience

Building Other
Works

1.6 Proposed sub-contractor sand firms involved for construction. Refer to Clause7 of Part I General Conditions
of Contract.

Sections of the Value of Sub- Experience in

Works subcontract contractor(na
me similar work
and address)

Note: The capability of the sub-Contract or will also be assessed (on the same lines as for the main
Contractor) before according approval to him.

1.7 Financial reports for the last five years: balance sheets, profit and loss statements, auditors'
reports, etc. List below and attach copies.
____ ___ ______ ___ __ __ ___ __ ______
___ ___
____ ___ ______ ___ __ __

1.8 Evidenceofaccesstofinancialresourcestomeetthequalificationrequirements: cash in hand, lines of

credit, etc. List below and attach copies of support documents.(Sample format attached).
____ ___ ______ ___ __ __ ___ __ ______
___ ___
____ ___ ______ ___ __

34
1.9 Name, address, and telephone, telex, and facsimile numbers of banks that may provide references if
contacted by the Employer.
____ ___ ______ ___ __ __ ___ __ ______
___ ___

a. Information on current litigation in which the Bidder is involved.

Name of Other Cause of Litigation Amount in volved

party(s) dispute where(Court/arbitra
tion)

1.11 Proposed Programme (work method and schedule). Descriptions, drawings, and charts as
necessary, to comply with the requirements of the bidding documents.

35
 SAMPLEFORMATFOREVIDENCEOFACCESSTOORAVAILABILITYOFCR

EDITFACILITIESBANKCERTIFICATE

This is to certify that M/Sis are puted company with a good financial standing.

If the contract for the work, namely, _ is awarded to the above firm, we shall be able to
provider over draft/credit facilities to the extent to Rs.___to meet their working capital requirements
for executing the above contract.

Signature of Senior Bank Manager __________________________________

Name of the senior Bank Manager__ ___

Address of the Bank-----------------------

Stamp of the Bank

Note: Certificate should be on the letter head of the bank.

36
 Section4 Conditions of
Contract Part–I General
Conditions of Contract
These conditions are subject to the variations an additions setout in Part II Special Conditions of Contract

Notes on Conditions of Contract

The Conditions of Contract, read in conjunction with Part II Special Conditions of Contract and the Contract
Data and other documents listed therein, should be a complete document expressing fairly the rights and
obligations of both parties.

The form of Conditions of Contract that follows has been developed for smaller admeasurements contracts
for construction on the basis of international practice and the practice of the Government of India, Ministry of
Road Transport and Highways, and considerable experience in different States in India in the drafting and
management of contracts, bearing in mind a trend in the construction industry towards simpler, more straight
forward language.

The Conditions of Contract also incorporate the concept of performance-based payments for routine
maintenance of roads.

37
 Table of Clauses
A. General 32. Correction of Defects
1. Definitions 33. Uncorrected Defects
2. Interpretation D.Cost Control
3. Language and Law 34. Bill of Quantities
4. Engineer's Decisions 35. Variations
5. Delegation 36. Payments for Variations
6. Communications 37. Cash Flow Forecasts
7. Subcontracting 38. Payment Certificates
8. Other Contractors 39. Payments
9. Personnel 40. Compensation Events
10. Employer's and Contractor's Risks 41. Tax
11. Employer's Risks 42. Currencies
12. Contractor's Risks 43. Security Deposit
13. Insurance 44. Liquidated Damages
14. Site Investigation Reports 45. Advance Payments
15. Queries about the Contract Data 46. Securities
16. Contractor to Construct the Works 47. Cost of Repairs
& do maintenance E. Finishing the Contract
17. The Works to Be Completed by the 48. Completion
Intended Completion Date 49. Taking Over
18. Approval by the Engineer 50. Final Account
19. Safety 51. Operating and Maintenance
20. Discoveries Manual
21. Possession of the Site 52. Termination
22. Access to the Site 53. Payment upon
23. Instructions Termination
24. Dispute Redressal 54. Property
System 55ReleasefromPerformance
25. Arbitration F.Other Conditions of Contract
B. Time Control 56. Labour
26. Programme 57. Compliance with Labour
27. Extension of the Intended Regulations
Completion Date 58. Drawings and Photographs of the
28. Delays Ordered by the Engineer Works
29. Management Meetings 59. TheApprenticeshipAct,1961
C. Quality Control
30. Identifying Defects
31. Tests

38
 Section4

PartIGeneralConditionsofContract

A.General

1. Definitions
1.1 Terms,whicharedefinedintheContractData,arenotalsodefinedintheConditionsofContractbutkeepthe
irdefinedmeanings.Capitalinitialsareusedtoidentifydefined terms.

BillofQuantitiesmeansthepricedandcompletedBillofQuantitiesformingpartoftheBid.CompensationEv

entsarethosedefinedinClause40hereunder.

TheCompletionDateisthedateofcompletionoftheWorksascertifiedbytheEngineer,inaccordancewithClau
se48.1.

TheContractistheContract
betweentheEmployerandtheContractortoexecute,complete,andmaintaintheWorks.Itconsistsofthe
documentslisted in Clause2.3.

TheContractDatadefinesthedocumentsandotherinformation,whichcomprisetheContract.

TheContractorisapersonorcorporatebodywhoseBidtocarryouttheWorks,includingroutinemainten
ance,hasbeenacceptedby the Employer.

TheContractor'sBidisthecompletedbiddingdocumentsubmittedbytheContractortotheEmployer.

TheContractPriceistheprice
statedintheLetterofAcceptanceandthereafterasadjustedinaccordancewiththeprovisionsoftheCont
ract.

Days arecalendardays;monthsarecalendarmonths.

ADefectisanypartoftheWorksnotcompletedinaccordancewiththeContract.

TheDefectsLiabilityCertificateisthecertificateissuedbyEngineer,aftertheDefectLiabilityPeriodhase
ndedanduponcorrectionofDefectsbytheContractor.

TheDefectsLiabilityPeriodisoneyearscalculatedfromtheCompletionDate.

DrawingsincludecalculationsandotherinformationprovidedorapprovedbytheEngineer
fortheexecutionoftheContract.

The Employer is the party as defined in the Contract Data, who employs the Contractor to
carry out the Works, includingroutine maintenance,. The Employer may delegate any or all
functions to a person or body nominated by him for specifiedfunctions.

39
 The Engineer is the person named in the Contract Data (or any other competent person
appointed by the Employer and notifiedto the Contractor, to act in replacement of the Engineer)
who is responsible for supervising the execution of the Works andadministeringthe Contract.

Equipmentis the Contractor's machinery and vehicles brought temporarily to the Site to construct

the Works.TheInitialContractPriceistheContractPricelistedintheEmployer'sLetterofAcceptance.

The Intended Completion Date is the date on which it is intended that the Contractor shall
complete the Works. The IntendedCompletion Date is specified in the Contract Data. The
Intended Completion Date may be revised only by the engineer byissuingan extensionoftime.

Materialsareallsupplies,includingconsumables,usedbytheContractor
forincorporationintheWorks.

Plantis
anyintegralpartoftheWorksthatshallhaveamechanical,electrical,electronic,chemical,orbiologicalfuncti
on.
TheSiteisthearea definedassuchintheContractData.

SiteInvestigationReportsarethosethatwereincludedinthebiddingdocumentsandarereportsaboutt
hesurfaceandsubsurfaceconditionsatthe Site.

SpecificationmeanstheSpecificationoftheWorksincludedintheContractandanymodificationoraddi
tionmadeorapprovedbythe Engineer.

TheStart Date isgivenintheContractData.Itis thedatewhentheContractor

shallcommenceexecutionof theWorks.Itdoesnotnecessarily
coincidewithanyoftheSitePossessionDates.

ASub-Contractorisaperson orcorporatebody whohasaContractwiththeContractorto

carryoutapartoftheconstructionworkintheContract,whichincludesworkon theSite.

TemporaryWorksareworksdesigned,constructed,
installed,andremovedbytheContractorthatareneededforconstructionorinstallationoftheWorks.

AVariationisaninstructiongivenbytheEngineer,whichvariestheWorks.

TheWorks,asdefinedintheContractData,arewhattheContractrequirestheContractorto
construct,install,maintain,andturnovertotheEmployer.Routine maintenanceisdefinedseparately.

2. Interpretation

2.1In interpreting these Conditions of Contract, singular also means plural, male also means
female or neuter, and theother way around. Headings have no significance. Words have their
normal meaning under the language of the Contract unlessspecificallydefined.TheEngineer
willprovideinstructionsclarifyingqueriesabouttheseConditionsofContract.

2.2If sectional completion is specified in the Contract Data, references in the Conditions of
Contract to the Works, theCompletionDate, and theIntendedCompletion Dateapplyto any
Sectionof theWorks (otherthan references
totheCompletionDateandIntendedCompletionDateforthe wholeofthe Works).

40
 2.3 ThedocumentsformingtheContractshallbeinterpretedinthefollowingorderofpriority:
(1) Agreement,
(2) NoticetoProceedwiththeWork,
(3) LetterofAcceptance,
(4) Contractor’sBid,
(5) ContractData,
(6) SpecialConditionsofContractPartII,
(7) GeneralConditionsofContractPartI,
(8) Specifications,
(9) Drawings,
(10) BillofQuantities,and
(11) Anyotherdocument listedintheContractData.

3. LanguageandLaw

3.1 ThelanguageoftheContractandthelawgoverningtheContractarestatedintheContractData.

4. Engineer'sDecisions

4.1Exceptwhereotherwisespecificallystated,theEngineerwilldecidecontractualmattersbetweenthe
EmployerandtheContractor in the role representing the Employer. However, if the Engineer is
required under the rules and regulations
andordersoftheEmployertoobtainapprovalofsomeotherauthoritiesforspecificactions,hewillsoobtai
ntheapproval.

4.2ExceptasexpresslystatedintheContract,theEngineershallnothaveanyauthoritytorelievetheCon
tractorofany ofhisobligationsunderthe contract.

5. Delegation

5.1The Engineer, with the approval of the Employer, may delegate any of his duties and
responsibilities to other people,afternotifyingthe
Contractor,andmaycancelanydelegationafternotifyingthe Contractor.

6. Communications

6.1AllCertificate,noticesorinstructionstobegiventothecontractorbyEmployer/Engineershallbesentont
headdressorcontactdetailsgivenbythecontractorinSection6-
FormofBid.Theaddressandcontactdetailsforcommunication withtheEmployer/ Engineer shall be as
per the details given Contract Data to GCC. Communications between parties that are referredto in
the conditions shall be in writing. The Notice sent by Facsimile (fax) or other electronic means shall
be effective
onconfirmationofthetransmission.TheNoticesentbyRegisteredpostorSpeedpostshallbeeffectiveondeliv
eryorattheexpiryofthenormaldeliveryperiodasundertakenbythepostalservice.
7 Subcontracting
7.1 ThecontractormaysubcontractpartoftheconstructionworkwiththeapprovaloftheEmployerinwriting,upto25%
ofthecontractpricebutwillnotassigntheContract.Subcontractingshallnotalter
thecontractor’sobligations.
7.2 Beyondwhathasbeenstatedinclauses7.1,ifthecontractorproposessubcontractinganypartoftheworkduri
ngexecutionofthe works,because ofsomeunforeseencircumstancestoenablehimtocompletethework
aspertermsofthecontract, theEmployerwillconsiderthefollowingbeforeaccordingapproval:
a. TheContractorshallnotsub-contractthewholeoftheworks.
b. The Contractor shall not sub-contract any part of the work without prior consent of the Employer.
Any such consentshallnotrelievethecontractor fromanyliabilityor
obligationunderthecontractandheshallberesponsible fortheacts,defaults and neglects of any his
sub-contractor, his agents or workmen as fully as if they were the acts, defaults
41
 orneglectsoftheContractor,hisagentsand workmen.
7.3 TheEngineershouldsatisfyhimselfbeforerecommendingtotheEmployerwhether
a. Thecircumstanceswarrantsuchsub-contracting:and
b. Thesub-contractorsoproposedfortheworkpossesstheexperience,
qualificationandequipmentnecessaryforthejobproposedtobeentrustedtohiminproportionotheQuantu
mofworkstobesub-contracted.

7. OtherContractors

7.1The contractor shall co-operate and share the site with other contractors. Public authorities
utilities, and the employerbetween the dates given in the schedule of other contractors, as refereed
to in the contract data. The contractor shall alsoprovide facilities and services for them as described
in the schedule. The employer may modify the schedule of
othercontractor,andshallnotifythecontractorofanysuchmodification.
7.2The contractor should take up the work in convenient reaches as decided by the Engineer to ensure
there is least hindranceto the smooth flow of traffic including movement of vehicles and equipment
of other contractors till the completion of theworks.
8. Personnel
9.1 TheContractor shall employ for the construction work and routine maintenance the technical
personnel named in theContract Data or other technical persons approved by the Engineer. The
Engineer will approve any proposed replacement oftechnical personnel only if their relevant
qualifications and abilities are substantially equal to or better than those of thepersonnelstatedin
theContractData.

9.2 IftheEngineeraskstheContractortoremoveapersonwho isamemberoftheContractor'sstafforwork

force,statingthe reasons, the Contractor shall ensure that the person leaves the Site within seven
days and has no further connection with theWorksin the Contract.

9.2The Contractor shall not employ any retired Gazetted officer who has worked in the Engineering
Department of the StateGovernment and has either not completed two years after the date of
retirement or has not obtained State Government’spermissionto employmentwiththe Contractor.

9. Employer'sandContractor'sRisks

10.1The Employer carries the risks which this Contract states are Employer's risks, and the
Contractor carries the risks thatthisContractstatesare Contractor'srisks.

10. Employer'sRisks

11.1The Employer is responsible for the excepted risks which are (a) in so far as they directly affect
the execution of theWorks in the Employer’s country, the risks of war, invasion, act of foreign
enemies, rebellion, revolution, insurrection ormilitary or usurped power, civil war, riot commotion
or disorder (unless restricted to the Contractor’s employees), naturalcalamities and contamination
from any nuclear fuel or nuclear waste or radioactive toxic explosive, or (b) a cause due solely
tothedesignoftheWorks,otherthan theContractor’sdesign.

12. Contractor'sRisks

12.1 All risks of loss of or damage to physical property and of personal injury and death which arise
during and
inconsequenceoftheperformanceoftheContractotherthantheexceptedrisks,referredtoinclause11.1,arether
42
 esponsibilityoftheContractor.

13. Insurance

13.1 The Contractor at his cost shall provide, in the joint names of the Employer and the Contractor,
insurance cover from theStart Date to the date of completion, in the amounts and deductibles stated in
the Contract Data for the following events whicharedueto theContractor'srisks:

a) lossofordamagetotheWorks,PlantandMaterials;
b) lossofordamagetoEquipment;
c) lossofordamagetoproperty(excepttheWorks,Plant,Materials,andEquipment)inconnectionwiththeContract
;and
d) Personalinjuryordeath.

13. Insurance policies and certificates for insurance shall be delivered by the Contractor to the Engineer
for the Engineer'sapproval before the completion date/ Start Date. All such insurance shall provide for
compensation to be payable in IndianRupeesto rectifythelossordamage incurred.

13.3 (a) The Contractor at his cost shall also provide, in the joint names of the Employer and the
Contractor, insurance coverfrom the date of completion to the end of defect liability period, in the
amounts and deductibles stated in the Contract Data forthefollowingeventswhichare dueto
theContractor'srisks:
(a) Personalinjuryordeath.

13.4 (b) Insurance policies and certificates for insurance shall be delivered by the Contractor to the
Engineer for the Engineer'sapproval before the completion date/ start date. All such insurance
shall provide for compensation to be payable in IndianRupees.

13.5 AlterationstothetermsofinsuranceshallnotbemadewithouttheapprovaloftheEngineer.

13.6 Bothpartiesshallcomplywithanyconditionsoftheinsurancepolicies.

14. SiteInvestigationReports

14.1The Contractor, in preparing the Bid, may rely on any Site Investigation Reports referred to in
the Contract Data,supplementedbyanyotherinformationavailabletohim,beforesubmittingthebid.

15. QueriesabouttheContractData

15.1 TheEngineerwillclarifyqueriesontheContractData.

16. ContractortoConstructtheWorks

16.1TheContractorshallconstruct,andinstallandmaintaintheWorks inaccordance withthe

Specifications andDrawings.
16.2The contractor shall construct the works with intermediate technology, i.e., by manual means
with medium input ofmachinery required to ensure thequality of works as per specifications. The
contactor shall deploy the equipment andmachineryasgiveninContractData.

17. TheWorkstoBeCompletedbytheIntendedCompletionDate
17.1The Contractor may commence execution of the Works
on the Start Date and shall carry out
the Works in accordancewith the Programme submitted by the Contractor, as updated with the
43
 approval of the Engineer, and complete them by theIntendedCompletionDate.

18. ApprovalbytheEngineer

18.1 The Contractor shall submit Specifications and Drawings showing the proposed Temporary Works
to the Engineer,whoistoapprove them.

18.2 TheContractorshallberesponsiblefordesignofTemporaryWorks.

18.3 TheEngineer'sapproval shallnot altertheContractor'sresponsibilityfor designoftheTemporaryWorks.

18.4 TheContractorshallobtainapprovalofthird partiestothedesignoftheTemporaryWorks,whererequired.

18.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent Works,
are subject to priorapprovalby the Engineerbeforetheiruse.

19. Safety

19.1 TheContractorshallberesponsibleforthesafetyofallactivitiesontheSite.

20. Discoveries

20.1 AnythingofhistoricalorotherinterestorofsignificantvalueunexpectedlydiscoveredontheSiteshallbethe
propertyof the Employer. The Contractor shall notify the Engineer of such discoveries and carry
out the Engineer's instructions fordealingwith them.

21 PossessionoftheSite

21.1 The Employershall handover completeorpartpossession ofthe site to the Contractor 7days in
advance ofconstructionprogramme.Atthe
startofthework,theemployershallhandoverthepossessionofat-least75%ofthesite.
22. AccesstotheSite

22.1The Contractorshall allow access to theSite and to any place where workin connection with the
Contractisbeingcarriedout,orisintendedtobecarriedouttotheengineerandanyperson/persons/agenc
yauthorizedby:
a. TheEngineer
b. TheEmployer
c. TheMinistryofRuralDevelopment,GovernmentofIndia.
d. NationalRuralRoadsDevelopmentAgency,NewDelhi

23. Instructions

23.1TheContractorshallcarryoutallinstructionsoftheEngineer,whichcomplywiththeapplicablelawswher
etheSiteislocated.

24. Dispute RedressalSystem

24.1Ifanydisputeordifferenceofanykindwhat-so-
evershallarisesinconnectionwithorarisingoutofthisContractortheexecutionofWorksormaintenanceof
theWorksthereunder,whetherbeforeitscommencementorduring the progress of Works or after the
termination, abandonment or breach of the Contract, it shall, in the
firstinstance,bereferredforsettlementto
thecompetentauthority,describedalongwiththeirpowersintheContractData,

44
 abovetherankofthe Engineer,Thecompetentauthority shall, withina periodof forty-five
daysafterbeingrequestedinwritingbytheContractortodoso,conveyhisdecisiontotheContractor.Suchd
ecisioninrespectofeverymattersoreferredshall,subjecttoreviewashereinafterprovided,befinalandbind
ingupon the Contractor. In case the Works is already in progress, the Contractor shall proceed
with the execution of theWorks, including maintenance thereof, pending receipt of the decision of
the competent authority as aforesaid, with allduediligence.

24.2 Eitherpartywillhavetherightofappeal,againstthedecisionofthecompetentauthority,tothearbitrationift
heamount
appealedexceedsrupeesonelakh.

25 ProcedureforResolutionof Disputes

25.1 The Competent Authority mentioned in clause 24.1 shall give a decision in writing within 45 days
of receipt of anotificationofa dispute.

25.2 EitherpartymayreferadecisionoftheCompetentAuthoritytoArbitrationwithin28daysoftheCompetentA
uthority'swritten decision. Arbitration shall be under the Arbitration and Conciliation Act 1996. If
neither party refers the disputetoArbitrationwithintheabove28days,
theCompetentAuthority'sdecisionwillbefinalandbinding.

25.3 TheArbitration
shallbeconductedinaccordancewiththefollowingprocedure,incaseInitialContractPriceismorethanRs.
5Croreorthe ContractorisaForeignContractor,whohasbid underICB:-

(a) In case of a decision of the Competent Authority in a dispute or difference arising between the
Employer
andaContractorrelatingtoanymatterarisingoutoforconnectedwiththisAgreement,thematterwillberefe
rredto an Arbitral Tribunal. The Arbitral Tribunal shall consist of three Arbitrators, one each to be
appointed bythe Employer and the contractor. The third Arbitrator shall be chosen by the two
Arbitrators so appointed bythe parties and shall act as presiding Arbitrator.In case of failure of
the two Arbitrators appointed by theparties to reach upon a consensus within a period of 30 days
from the appointment of the Arbitrator appointedsubsequently, the presiding Arbitrator shall be
appointed by the Chairman of the Executive Committee of theIndianRoadsCongress.

(b) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause (a) above within 30
days
afterreceiptofthenoticeoftheappointmentofitsarbitratorbytheotherparty,thentheChairmanoftheExec
utiveCommitteeoftheIndian RoadsCongressshallappointthearbitrator.

AcertifiedcopyoftheorderoftheChairmanoftheExecutiveCommitteeoftheIndianRoadsCongress,

45
 makingsuchanappointmentshallbefurnishedtoeachoftheparties.

(c) Thedecisionofthe majorityofarbitratorsshallbefinalandbindinguponboth

parties.Thecostandexpensesof Arbitration proceedings will be paid as determined by the Arbitral
Tribunal. However, the expensesincurred by each party in connection with the preparation,
presentation etc. of its proceedings as also the
feesandexpensespaidtothearbitratorappointedbysuchpartyoronitsbehalfshallbebornebyeachpartyit
self.

25.4 WheretheInitialContractPriceasmentionedintheAcceptanceLetterisRs.5 Croreandbelow,

disputesanddifferencesin which an Adjudicator has given a decision shall be referred to a sole
Arbitrator. The sole Arbitrator would beappointedbytheagreement betweentheparties;
failingsuchagreementwithin15daysofthereferencetoarbitration,bytheappointingauthority,namelyt
heChairmanoftheExecutiveCommitteeoftheIndianRoadCongress.

25.5 Arbitrationproceedingsshallbeheldat_ Lucknow(U.P.),India,andthelanguageofthearbitration

proceedingsandthatofalldocumentsandcommunicationsbetweenthe partiesshallbeEnglish.

25.6Performanceunderthecontractshallcontinueevenafterreferencetothearbitrationandpaymentsduetot
hecontractorbytheEmployer shallnot bewithheld,unlesstheyarethesubjectmatter
ofthearbitrationproceedings.

B. TIMECONTROL
26. Programme

26.1 Withinthetime
statedintheContractData,theContractorshallsubmittotheEngineerforapprovalaProgrammeshowing
the general methods, arrangements, order, and timing for all the activities in the Works, along
with monthlycashflowforecastsfortheconstructionofworks.
26.2 The Contractor shall submit the list of equipment and machinery being brought to site, the list of
key personnel beingdeployed, the list of machinery/ equipments being placed in field laboratory
and the location of field laboratory
alongwiththeProgramme.TheEngineershallcausethesedetailstobeverifiedateachappropriatestageofthepro
gramme.

26.3 An update of the Programme shall be a programme showing the actual progress achieved on each
activity and theeffect of the progress achieved on the timing of the remaining Works, including
any changes to the sequence of theactivities.

26.4 TheContractorshallsubmittotheEngineerforapprovalanupdatedProgrammeatintervalsof60Daysnolongert
hanthe period stated in the Contract Data. If the Contractor does not submit an updated
Programme within this period, theEngineer may withhold the amount stated in the Contract Data
from the next payment certificate and continue
towithholdthisamountuntilthenextpaymentafterthedateonwhichtheoverdueProgrammehasbeensub
46
 mitted.

26.5 The Engineer's approval of the Programme shall not alter the Contractor's obligations. The
Contractor may revise theProgramme and submit it to the Engineer again at any time. A revised
Programme shall show the effect of VariationsandCompensationEvents.

27 ExtensionoftheIntendedCompletionDate

27.1 The Engineer shall extend the Intended Completion Date if a Compensation Event occurs or a
Variation is issued
whichmakesitimpossibleforCompletiontobeachievedbytheIntendedCompletionDatewithouttheContr
actortakingstepstoacceleratetheremainingWorks,whichwouldcausetheContractortoincuradditional
cost.

27.2 The Engineer shall decide whether and by how much time to extend the Intended Completion
Date within 21 days of theContractor asking the Engineer for a decision upon the effect of a
Compensation Event or Variation and submitting fullsupporting information. If the Contractor
has failed to cooperate in dealing with a delay, the delay by this failure shall
notbeconsideredinassessingthenewIntendedCompletionDate.
28. DelaysOrderedbytheEngineer

28.1TheGeneral Manager
(Technical)mayinstructtheContractortodelaythestartorprogressofanyactivitywithintheWorks.
Delay/delaystotallingmorethan30dayswillrequirepriorwrittenapprovaloftheEmployer.

29. ManagementMeetings

29.1TheEngineermayrequiretheContractortoattendamanagementmeeting.Thebusinessofamanageme
ntmeetingshallbe toreviewthe plansfortheWorks.

29.2TheEngineershallrecordthebusinessofmanagementmeetingsandprovidecopiesoftherecordtothose
attendingthemeeting. The responsibility of the parties for actions to be taken shall be decided by
the Engineer either at the
managementmeetingorafterthemanagementmeetingandstatedinwritingtoallthosewhoattendedthem
eeting.

C.QualityControl
30. IdentifyingDefects

47
 30.1TheEngineershallchecktheContractor'swork
andnotifytheContractorofanyDefectsthatarefound.SuchcheckingshallnotaffecttheContractor'srespo
nsibilities.TheEngineermayinstructtheContractortosearchforaDefectandtouncoverandtestanyworkt
hattheEngineerconsidersmay havea Defect.

31. Tests

31.1For Carrying out mandatory tests as prescribed in the specification. The Contractor shall
establish field laboratory atthe location decided by Engineer. The field laboratory will have
minimum equipments as specified in the Contract Data.Thecontractorshallbe solelyresponsible
for:
a. CarryingoutthemandatorytestsprescribedintheSpecifications,and
b. For thecorrectnessofthetestresults, whether preformedinhislaboratoryor elsewhere.

31.2If the Engineer instructs the Contractor to carry out a test not specified in the Specification/
Rural Roads Manual tocheckwhetherany work hasa
Defectandthetestshowsthatitdoes,theContractorshallpayforthetestandanysamples.

32.CorrectionofDefectsnoticedduringtheDefectLiabilityPeriodforoneyear.
32.11 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects
Liability Period, whichbeginsatCompletionofwork.TheDefectsLiabilityPeriodshall
beextendedforaslongasDefectsremaintobecorrected.

32.1.2EverytimenoticeofDefect/Defectsisgiven,theContractorshallcorrect
thenotifiedDefect/Defectswithinthedurationoftimespecifiedbythe Engineer’snotice.

32.2.TheRFIsystemwillbefollowedforexecutionofwork.

33.UncorrectedDefects

33.1If the Contractor has not corrected a Defect pertaining to the Defect Liability Period under
clause 32.1.1 and of theseConditions of Contract, to the satisfaction of the Engineer, within the
time specified in the Engineer's notice, the Engineer willassessthecost
ofhavingtheDefectcorrected,andtheContractorwill paythisamount,oncorrectionoftheDefect.

D. CostControl

34.BillofQuantities
34.1The Bill of Quantities shall contain items for the construction, installation, testing, and
commissioning,
maintainingworks,andlumpsumfiguresforyearlyroutinemaintenanceforeachofthefiveyearsseparatel
y,tobedonebytheContractor.

34.2The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the
quantity of the work doneat the rate in the Bill of Quantities for each item for the construction of
roads. The payment to the Contractor is performancebasedforroutine maintenanceofroads.

35.Variations

35.1TheEngineershall,havingregardtothe scopeoftheWorksandthesanctioned
estimatedcost,havepowertoorder,inwriting, Variations within the scope of the Works he considers

48
 necessary or advisable during the progress of the Works. SuchVariations shall form part of the
Contract and the Contractor shall carry them out and include them in updated
Programmesproduced by the Contractor. Oral orders of the Engineer for Variations, unless
followed by written confirmation, shall not betakeninto account.

36. PaymentsforVariations

36.1 If rates for variation items are specified in Bill of Quantity, the contactor shall carry out such work
at the same rate.This shall apply for variation only up to the limit prescribed in the contract data.
If the variation exceeds this limit, theratesshallbederivedunder
theprovisionofclause36.3forquantities(higheror lower)exceedingthedeviationlimit.

36.2 IftheratesforVariationarenotspecifiedin
theBillofQuantities,theEngineershallderivetheratefromsimilaritemsintheBillofQuantities.

36.3 IftherateforVariationitemcannotbedeterminedinthemannerspecifiedinClause36.1or36.2,theContrac
torshall,within 14 days of the issue of order of variation work, inform the Engineer the rate which
he proposes to claim,supported by analysis of the rates. The Engineer shall assess the quotation
and determine the rate based on prevailingmarket rates within one month of the submission of
the claim by the Contractor. As far as possible, the rate analysisshall be based on the standard
data book and the current schedule of rates of the district public works division.
ThedecisionoftheEngineerontheratesodeterminedshallbefinalandbindingontheContractor.

37.CashFlowForecasts

37.1 WhentheProgrammeisupdated,theContractor
shallprovidetheEngineerwithanupdatedcashflowforecast.

38.PaymentCertificates

38.1 Thepaymenttothecontractorwillbeasfollowsforconstructionwork:

The Contractor shall submit to the Engineer fortnightly/ monthly statements of the value of the
work executed less thecumulative amount certified previously supported with detailed
measurement of the items of work executed in measurementbooksauthorisedby UP.P.W.D..
(b)The Engineer shall check the Contractor's fortnightly/monthly statement within 14 days and
certify the amount to bepaidtotheContractor.

(c) Thevalueofworkexecutedshallbedetermined,basedonmeasurementsbytheEngineer.
(d) ThevalueofworkexecutedshallcomprisethevalueofthequantitiesoftheitemsintheBillofQuantitiescomp
leted.

(e) ThevalueofworkexecutedshallalsoincludethevaluationofVariationsandCompensationEvents.

(f)TheEngineermay excludeany itemcertified in apreviouscertificateorreducetheproportion ofany

itempreviouslycertifiedinanycertificateinthe lightoflaterinformation.

(g) ThePaymentoffinalbillshallbegovernedbytheprovisionsofclause50ofGCC.

39. Payments

49
39.1 Payments shall be adjusted for deductions for advance payments security deposit, other
recoveries in terms of theContract and taxes at source, as applicable under the law. The Engineer
shall pay the Contractor the amounts he hadcertifiedwithin15 daysofthedateofeachcertificate.

39.2 The Employer may appoint another authority, as specified in the Contract Data (or any other
competent personappointedbytheEmployer andnotifiedtothecontractor)tomakepayment
certifiedbytheEngineer.

39.3 Items of the Works for which no rate or price has been entered in the Bill of Quantities, will not be
paid for by theEmployerandshallbedeemedcoveredbyotherratesandpricesintheContract.

40.CompensationEvents

40.1 Thefollowingshall beCompensationEventsunlesstheyarecaused bytheContractor:

a) TheEngineerordersadelayordelaysexceedingatotalof30days.
b) TheeffectsontheContractorofanyoftheEmployer'sRisks.

40.2If a Compensation Event would prevent the Works being completed before the Intended
Completion Date, theIntended Completion Date shall be extended. The Engineer shall decide
whether and by how much the Intended Completion Date shallbe extended.

41.Tax

41.1The rates are exclusive of GST & GST Shall be paid extra as per rules.

42.Currencies

AllpaymentswillbemadeinIndianRupees.

43.SecurityDeposit/RetentionandReleaseofPerformanceSecurityandSecurityDeposit/Retention.

43.1 The Employer shall retain security deposit of 5% of the amount from each payment due to the
Contractor untilcompletion of the whole of the construction Work. No. security deposit/ retention
shall be retained from the paymentsforRoutine maintenance ofWorks.

43.2 Onthecompletionofthewhole oftheconstructionWork

halfthetotalamountretainedasSecurityDepositisrepaidtothe contractor and half when the defect
liability period has passed and the Engineer has certified that all
defectsnotifiedbytheEngineertothecontractorbeforetheendofhisperiodhavebeencorrected.
43.3 TheadditionalperformancesecurityforunbalancedbidsasdetailedinClause51ofConditionsofContracti
srepaidtothecontractorwhentheconstructionworkiscomplete.
43.4 TheperformancesecurityequaltothefivepercentofthecontractpriceinClause51
ofConditionsofcontractisrepaidtothecontractorwhentheperiod of two
yearsfixedordefectliabilityperiodisoverandtheEngineerhascertifiedthatthecontractorhassatisfactoril
ycarried outthe Works.

43.5 If the contractor so desires then the Security Deposit can be converted into any interest bearing
security of
schedulecommercialbankinthenameoftheEmployerorNationalSavingCertificatesdulypledgedinfavou
roftheEmployerforDefectLiabilityPeriod.

44.LiquidatedDamages
50
44.1 TheContractorshallpayliquidateddamagestotheEmployerattherateperweek
orpartthereofstatedintheContractData for the period that the Completion Date is later than the
Intended Completion Date. Liquidated damages at thesame rate shall be withheld if the
Contractor fails to achieve the milestones prescribed in the Contract Data. However,in case the
Contractor achieves the next milestone the amount of the liquidated damages already withheld
shall berestored to the Contractor by adjustment in the next payment certificate. The total
amount of liquidated damages
shallnotexceedtheamountdefinedintheContractData.TheEmployermaydeductliquidateddamagesfro
mpaymentsduetotheContractor.Paymentofliquidateddamagesshallnotaffect
theContractor'sotherliabilities.

44.2 If the Intended Completion Date is extended after liquidated damages have been paid, the
Engineer shall correct anyoverpaymentofliquidateddamagesby
theContractorbyadjustingthenextpayment certificate.

45.AdvancePayment
45.1 The Employer will make the following advance payment to the contractor against provision by the
Contractor of anUnconditional Bank Guarantee in a form and by a Commercial bank acceptable
to the Employer in amounts equal totheadvance payment:
a. Mobilizationadvanceupto5percentofthecontractprice.
b. Equipment advance up to ninety percent of the cost of the new equipment brought to the site,
subjects to amaximumof10 percentofthecontractprice.
The guarantee shall remain effective until the advance payment has been repaid, but the
amount of the guaranteeshall be progressively reduced by the amounts repaid by the Contractor.
Interest will not be charged on advancepayment.
45.2 The Contractor is to use the advance payment only to pay for Equipment, plant and mobilisation
expenses
requiredspecificallyforexecutionofworks.TheContractorshalldemonstratetheadvancepaymentasbee
nusedinthiswaybysupplyingcopiesofinvoicesorotherdocumentstothe Engineer.
45.3 The advance payment shall be repaid by deducting proportionate amounts from payments
otherwise due to theContractor for the construction work, following the schedule of completed
percentage of the work on payment basis.No account shall be taken of the advance payment or
the repayment in assessing valuation of work done.
Variations,priceadjustments,Compensationeventsorliquidateddamages.
46. Securities

46.1 The Performance Security equal to five percent of the contract price and additional security for
unbalanced bids shallbeprovidedtotheEmployernolaterthan
thedatespecifiedintheLetterofAcceptanceandshallbeissuedintheformgiven in the Contract Data and
by a scheduled commercial bank. The Performance Security shall be valid until a
date45daysfromthedateofexpiryofDefectLiabilityPeriodandtheadditionalsecurityforunbalancedbidss
hallbevaliduntil adate45daysfromthedateofissueofthecertificateofcompletion.

47.CostofRepairs

47.1 Loss or damage to the Works or Materials to be incorporated in the Works between the Start Date
and the end of theDefects Correction periods shall be remedied by the Contractor at his cost if the
loss or damage arises from theContractor'sactsoromissions.

E.FinishingtheContract
48.CompletionofConstructionandMaintenance
51
48.1 The contractor shall request the Engineer to issue a certificate of completion of the construction
of the works, and theEngineerwilldosoupon decidingthatthe worksiscompleted.

49. TakingOver

49.1 TheEmployershalltakeovertheworkswithinsevendaysoftheEngineerissuingacertificateofcompletionof
works.

50. FinalAccount

50.1 The contractor shall supply the Engineer with a detailed account of the total amount that the
Contractor considerspayable for works under the contract within 21 days of issue of certificate
of completion of construction of works. TheEngineer shall issue a defect liability certificate and
certify any payment that is due to the correct and complete. If theaccount is not correct or
complete, the engineer shall issue within 42 days a schedule that states the scope of
thecorrections or additions that are necessary. If the account is still unsatisfactory after it has
been resubmitted, theEngineer shall decide on the amount payable to the contractor and issue
a payment certificate with in 28 days ofreceiving the Contractor’s revised account. The
payment of final bill for construction of works will be made within 14daysthereafter.
50.2 Incasetheaccountisnotreceivedwithin21daysofissueofCertificateofCompletionasprovidedinclause5
0.I
above, the engineer shall proceed to finalise the account and issue a payment certificate within 28
days. The paymentoffinalbillforconstructionofworkswillbemadewithin14daysthereafter.

51. OperatingandMaintenanceManuals

51.1 If"asbuilt"
Drawingsand/oroperatingandmaintenancemanualsarerequired,theContractorshallsupplythemb
ythedatesstatedinthe ContractData.

51.2 IftheContractordoesnotsupplytheDrawingsand/ormanualsbythedatesstatedintheContractData,
orthey donotreceivetheEngineer'sapproval,theEngineer
shallwithholdtheamountstatedintheContractDatafrompaymentsduetotheContractor.

52. Termination

52.1 TheEmployermayterminatetheContractiftheContractorcausesafundamentalbreachoftheContract.

52.2 FundamentalbreachesofContractshallinclude, butshallnotbelimitedto,thefollowing:

a) theContractorstopsworkfor28dayswhennostoppageofworkisshownonthecurrentProgrammeandthe
stoppagehasnotbeenauthorizedbythe Engineer;
b) theContractorisdeclared
asbankruptorgoesintoliquidationotherthanforapprovedreconstructionoramalgamation;
c) the Engineer gives Notice that failure to correct a particular Defect is a fundamental breach of
Contract and
theContractorfailstocorrectitwithinareasonableperiodoftimedeterminedbytheEngineer;
d) theContractordoesnotmaintainaSecurity,whichisrequired;
e) the Contractor has delayed the completion of the Works by the number of days for which the
maximum amount ofliquidateddamagescan bepaid,asdefined inclause44.1;
f) theContractorfailstoprovideinsurancecoverasrequiredunderclause13;
g) iftheContractor,inthejudgementoftheEmployer,hasengagedinthecorruptorfraudulentpracticeincom
petingfororinexecutingtheContract.Forthepurposeofthisclause,“corrupt
52
 practise”meanstheoffering,giving,receiving,orsoliciting of any thing of value to influence the action
of a public official in the procurement process or in Contractexecution. “Fraudulent Practice”
means a misrepresentation offacts in order to influence a procurement process or theexecution of
a contract to the detriment of the Employer and includes collusive practice among Bidders (prior
to orafterbidsubmission)designedtoestablishbidprocessatartificialnon-
competitivelevelsandtodeprivetheEmployerofthe benefitsoffree and opencompetition.
h) if the Contractor has not completed at least thirty percent of the value of construction Work
required to be completedafterhalfofthecompletion periodhaselapsed;
i) if the Contractor fails to set up a field laboratory with the prescribed equipment, within the period
specified in theContractData;and
j) anyotherfundamentalbreaches asspecifiedintheContractData.
k) if the Contractor fails to deploy machinery and equipment or personnel as specified in the
contract Data at theappropriatetime.

52.3 Notwithstandingtheabove,theEmployermayterminatetheContractforconvenience.

52.4 If the Contract is terminated, the Contractor shall stop work immediately, make the Site safe and
secure, and leave theSiteassoonasreasonablypossible.

53. PaymentuponTermination

53.1 If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the
Engineer shall issue acertificate for the value of the work done and Materials ordered less
liquidated damages, if any less advance paymentsreceived up to the date of the issue of the
certificate and less the percentage to apply to the value of the work notcompleted, as indicated in
the Contract Data. If the total amount due to the Employer exceeds any payment due to
theContractor,thedifferenceshallberecoveredfromthesecuritydeposit,andperformancesecurity.Ifany
amountisstillleftun-recovered itwillbeadebtpayableto theEmployer.

53.2 If the Contract is terminated at the Employer's convenience, the Engineer shall issue a certificate
for the value of
theworkdone,thereasonablecostofremovalofEquipment,repatriationoftheContractor'spersonnelempl
oyedsolelyonthe Works, and the Contractor's costs of protecting and securing the Works and less
advance payments received up
tothedateofthecertificate,lessotherrecoveriesdueintermsoftheContract,andlesstaxesduetobededucte
datsourceasperapplicable law.

54. Property

54.1 All Materials on the Site, Plant, Equipment, Temporary Works, and Works shall be deemed to be
the property of theEmployer for use for completing balance construction work if the Contract is
terminated because of the Contractor'sdefault, till the Works is completed after which it will be
transferred to the Contractor and credit, if any, given for itsuse.

55. ReleasesfromPerformance

55.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the
control of the Employer orthe Contractor, the Engineer shall certify that the Contract has been
frustrated. The Contractor shall make the Site safeand stop work as quickly as possible after
receiving this certificate and shall be paid for all work carried out
beforereceivingitandforanyworkcarriedoutafterwardstowhichacommitmentwasmade.

F.OtherConditionsofContract
53
56. Labour

56.1TheContractor
shall,unlessotherwiseprovidedintheContract,makehisownarrangementsfortheengagement
ofallstaffandlabour,localorother,andfortheirpayment,housing,feedingandtransport.
56.2The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail, in
such form and at suchintervals as the Engineer may prescribe, showing the staff and the
numbers of the several classes of labour from time to
timeemployedbytheContractorontheSiteandsuchotherinformationastheEngineermayrequire.

57. COMPLIANCE WITHLABOURREGULATIONS

57.1 During continuance of the Contract, the Contractor and his sub Contractors shall abide at all
times by all existing labourenactments and rules made there under, regulations, notifications and
bye laws of the State or Central Government or localauthority and any other labour law (including
rules), regulations, bye laws that may be passed or notification that may beissued under any
labour law in future either by the State or the Central Government or the local authority. Salient
featuresof some of the major labour laws that are applicable to construction industry are given in
Appendix to Part I GeneralCondition of Contract. The Contractor shall keep the Employer
indemnified in case any action is taken against theEmployer by the competent authority on
account of contravention of any of the provisions of any Act or rules made
thereunder,regulationsor notificationsincludingamendments.IftheEmployeriscausedtopayor
reimburse,suchamountsasmay be necessary to cause orobserve,orfor non-observance of the
provisions stipulated in thenotifications/byelaws/Acts/Rules/regulations including amendments,
if any, on the part of the Contractor, the Engineer/Employer shallhavetherighttodeduct
anymoneyduetotheContractorincludinghisamountofperformancesecurity.TheEmployer/Engineer
shall also have right to recover from the Contractor any sum required or estimated to be required
formakinggoodthelossordamagesufferedbytheEmployer.

TheemployeesoftheContractorandtheSub-
ContractorinnocaseshallbetreatedastheemployeesoftheEmployeratanypointoftime.

58.DrawingsandPhotographs oftheWorks
58.1 Thecontractorshalldophotography/videophotographyofthesitefirstlybeforethestartofthework,second
lymid-
wayintheexecutionofdifferentstagesofworkandlastlyafterthecompletionofthework.Noseparatepayme
ntwillbemadetothecontractorforthis.

58.2 TheContractorshallnotdisclosedetailsofDrawingsfurnishedtohimandworksonwhichheisengagedwith
outthepriorapproval of the Engineer in writing. No photograph of the works or any part thereof or
plant employed thereon, expectthose permitted under clause 58.1, shall be taken or permitted by
the Contractor to be taken by any of his employees orany employees of his sub-Contractors
without the prior approval of the Engineer in writing. No photographs/
VideophotographyshallbepublishedorotherwisecirculatedwithouttheapprovaloftheEngineerinwritin
g.

59. TheApprenticesAct1961

59.1 The Contractor shall duly comply with the provisions of the Apprentices Act 1961 (III of 1961), the
rules made thereunder and the orders that may be issued from time to time under the said Act
and the said Rules and on his failure
orneglecttodosoheshallbesubjecttoallliabilitiesandpenaltiesprovidedbythesaidActandsaidRules.
54
60. Criminalsareprohibitedfrombidding
60.1 Anybiddershavingcriminalrecordisnotallowedtoparicipateinthebiddingprocess.
Anypersonwhoishavingcriminalcases against him or involved in the organised crime or gangster
activities or Mafia or Goonda or Anti social activity are strictly prohibited to participate in
thebidding process. If itis established that any bidderhas criminal record, his
bidshallbeautomaticallycancelled.
60.2 The bidder has to produced character certificate, Solvency certificate,self decoration affidavit ( on
the
prescribedproformawhichisattachedwiththebiddocument)etc.,issuedbythecompetentauthorityinoriginal
withbiddocument.

61.Any bidder who is an Advocate and Registered with any State Bar Council Shall not be allowed to
participate in thebidding. If it is established that the contractor is registered with the state bar
council, his bid shall be automaticallycancelled.

55
 ContractDatatoGeneralConditionsofContract

Exceptwhereotherwiseindicated,theEmployerpriortoissuanceofthebiddingdocumentsshoul
dfillinallContractData.Schedulesandreportstobe providedbytheEmployershould
beannexed.

Clause Reference

Itemsmarked“N/A”donotapplyinthisContract.

1. TheEmployeris: [Cl.1.1]

Designation:General Manager (Technical),U.P.S.T.D.C. Ltd.……………………..

NameofauthorizedRepresentative:..,…………………….…..U.P.S.T.D.C. Ltd.,………………..

TelephoneNo.(s):(Office)………………………..

MobileNo.........................

Facsimile(FAX)No

Electronic mailIdentification (E-mailID):............................

2. TheEngineeris

Designation:Project Manager

Address:UPSTDC Ltd ............................................................. [Cl.1.1]

TelephoneNo.(s):(Office)………………………

MobileNo.…………………………

Facsimile(FAX)No.:

Electronic mailIdentification(E-mailID):....................................

3. TheIntendedCompletion Dateforthewhole oftheWorksis . [Cl.1.1,17&27]

afterstartofwork.

4. TheSiteislocated:withinDistt. ………………….. [Cl.1.1]

5. TheStartDateshallbe_ daysafterthedateofissueoftheNoticeto [Cl.1.1]proceedwith the work.

56
6. Theworksshall,inter-alia,include thefollowing,asspecifiedorasdirected.
(A) RoadWorks

Site clearance; setting-out and layout; widening of existing carriageway and strengthening
including
cambercorrections;constructionofnewroadbituminouspavementsremodeling/constructionofjunctio
ns,intersections,supplyingandplacingofdrainagechannels,flumes,guardpostsandotherrelateditems;
construction/extension of cross drainage works, bridge, approaches and other related items; road
markings,roadsignsandkilometer/hectometerstones;protectiveworksforroads/bridges;allaspectsofq
ualityassuranceofvariouscomponentsoftheworks;rectificationoftheDefectsinthecompletedworksduri
ngthe Defects Liability Period; submission of “As-built” drawings and any other related
documents; and otheritem ofworkasmayberequiredtobecarriedoutforcompletingtheworksin
accordancewiththeDrawingsandprovisionsofthecontracttoensuresafetyandplantingoftreesalongther
oads.
ClauseReference

(B) C.D.Worksincludingbridges

57
 Site clearance; setting out, provision of foundations, piers abutments and bearings; pre-
stressed/reinforcedcementconcretesuperstructure;wearingcoat,handrailings,expansionjoints,appr
oachslabs,drainagespouts/down-
takepipes,provisionofsuitablydesignedprotectiveworks;providingwing/returnwalls;provision of road
markings, road signs etc.; all aspects of quality assurance; clearing the Site and
handingovertheworksoncompletion;rectificationoftheDefectsduringtheDefectsLiabilityPeriodandsu
bmission of“ As-built” drawings and other related documents; and other items of work as may be
required to be carried out for completing the works in accordance with the Drawings and the
provisions of the contract and to ensure safety.

(C) Building Works

Site clearance; setting out, provision

offoundations,brickworkRCCwork,flooring,doors,windows,plastering, colors washing and painting
making of drains water supply and sanitary works etc. may be required to be carried out for
completing the works in accordance with the Drawings and the provisions of the contract and to
ensuresafety.

8. Section completion is [Cl2.2]

9. The following document sals of ormpartoftheContract: [Cl.2.3(11)]

10. (a) ThelawwhichappliestotheContractisthelawofUnionofIndia. [Cl.3.1]

(b) ThelanguageoftheContractdocumentsisEnglish. [Cl.3.1]

11. TheScheduleofOtherContractorsisattached. [Cl.8.1]

12 A.TheTechnicalPersonnelforconstructionworkare: [Cl.9.1]

TechnicalPersonnel Number Experiencein

Building and Land
Contractworks Contractworks Scaping Etc
up-to Rs. 2Crores above Rs.2Crores

i). DegreeHolderinCivil 1 2 2YearsofExperience(m

Engineering inimum)
ii). DiplomaHolderinCivil 2 4 2YearsofExperience(m
Engineering inimum)
Forfieldtestinglaboratory
TechnicalPersonnel Number
Contract Contract works
works above Rs. 2Crores
up-to Rs.
2Crore
s
JuniorEngineer(civil)O 1 2
rB.Sc.(P.C.M.)
Havingoneyearexperience

58
 B. For routine maintenance
Technical Personnel Number Experience in
Building and
Contract works up-to Contract works above Rs. 2 Land Scaping
Rs.2 Crores Crores Etc
A. Degree Holderin 1 1 At least 2
Civil Engineering years
B. Diploma 1 2
Holderin Civil Atleast2years
Engineering

13(a) Amount and deductible for insurance are: [Cl.13.1]

Item Amount to be insured Deductibles

A. Loss of or damage to the works, plants and materials 10% of contract value Deductibles
for insurance
B. Loss of or damage to equipments 2.5% of contract value shall be as
per rates
C. Loss of or damage to 1% of contract value tariff of
property(excepttheworks,plant,Materials,andEquipment) General
inconnectionwiththecontract: Insurance
Company of
D. Personal injury or death Up to Rs.2 lacs per India plus
contractval occurrence for 20%of
ueRs.2Cror maximum three premium
es occurrences amount for
For Rs.2 lacs per items
contr A,B,C&D
act occurrence for
value more maximum three
than Rs. 2 occurrences
Crores

13(b) Amount and deductible for insurance are: [Cl.13.3(a)

Items Amount to be insured Deductibles

A. Personal injury or Rs.2Lacs for one occurrence per Deductibles
death year
shall be as
per latest
tariff of
General
Insurance
Company of
India
plus20% of
the premium
amount

14. Site investigation report [cl.14.1]

59
 As available with ..……………………………………………………..

15 The key equipments/machinery for construction of works shall be:

S.No Name of Equipment/ Machinery Quantity

.

(Cl.16.2)

16. Competent authorities are: [Cl.24.1]

General Manager (Technical), U.P.S.T.D.C. Ltd. with powers uptoRs.1Lac C.G.M. Zone P.W.Dwith
powers up to Rs.Three Lacs Managing Director with power above Rs.Three Lacs

17. (a)The period for submission of the programmed for approval of Engineer [Cl.26.1] shall be TEN days
from the issue of Letter of Acceptance.

(b) The updated program shall be submitted at interval of 60 days.[Cl.26.3]

(c) The amount to be with held for late submission of an updated program shall be Rs.10,000=00 per day
for contract value up to 2Crore andRs.20,000=00 per day for contract value above Rs.2 Crores.[Cl.26.3]

18 The key equipment for field laboratory shall be:

S.N Name of Equipment Quantity

o.
PWD Specification

(Cl.31.la)
19. No increase in rates of any items specified in Bill Of Quantities is allowed due to variation in quantities
[Cl 36.1]

20. The authorized person to make payments is . ...................................... [Cl.39.2]

………………………………………..

21. (a)Mile stones to be achieved during the contract period

(1) 1/8th of the value of entire contract workup to1/4th of the period allowed for completion of construction
(2) 3/8th of the value of entire contract work up to½ of the period allowed for completion of construction
(3) 3/4thof the value of entire contract work upto¾ the of the period allowed for completion of construction
60
 (b) Amount to liquidated damages for For Whole of work delay incompletion of works
1percentoftheInitial Contract Price, rounded off to then earnest thousand, per week.

(c) Maximum limit of liquidated damages for10 percent of the Initial delay incompletion of work.
Contract Price rounded off to the nearest thousand.
[Cl.44.1]

22 The standard form of Performance Security acceptable to the Employer

Shall be an unconditional Bank Guarantee of the type as presented in the
Bidding Documents. [Cl.46.1]

23. (a)The Schedule of Operating and Maintenance Manuals N.A. [Cl.51.1]

(b)The date by which“ as-built” drawings (in scale as directed)in2sets [Cl.51.1]
arerequirediswithin28daysofissueofcertificateofcompletionofwhole
or section of the work, as the case may be(Including L-Section and Cross Section of the road)

24. Theamounttobewithheldforfailingtosupply“as- [Cl.51.2]

built”drawingsbythedaterequiredisRs.OneLac.
25 (a)The period for setting up a field laboratory with the prescribed equipment is
7(Seven) days from the days from the date of notice to start work [Cl.52.2(i)]
(b)The following events shall also be fundamental breach of contract: “The [Cl.52.2(j.)]
Contractor has contravened Clause7.1 and Clause9 of
Part I General Conditions of Contract.

26. ThepercentagetoapplytothevalueoftheworknotcompletedrepresentingtheEm
ployer’sadditionalcostforcompletingthe Works shall be 20 %.
[Cl.53.1]

61
 Appendix to Part I General Condition of Contract

SALIENT FEATURES OF SOME MAJOR LABOUR LAW SAPPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCT ON WORK.

a)Workmen Compensation Act 1923:-The Act provides for compensation in case of injury by
accident rising out of and during the course of employment.

b)Payment of Gratuity Act 1972: - Gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed 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.F. and Miscellaneous Provision Act 1952: The Act Provides for monthly
contributions by the Employer plus workers at the rate prescribed (say,10%or8.33%).The
benefits payable under the Act are:

i. Pension or family pension on retirement or death as the case maybe.

ii. Deposit linked insurance on the death in harness of the worker.
iii. Payment of P.F. accumulation on retirement/death etc.

d)MaternityBenefit 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 (say20) 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 are 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)EqualRemuneration 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)PaymentofBonusAct1965:-The Act is applicable to all establishments employing prescribed

minimum (say,20) or more workmen. The Act provides for payments of annual bonus within
the prescribed range of percentage of wages to employees drawing up to the prescribed amount
of wages, calculated in the prescribed manner. The Act does not apply to certain

62
 establishments. The newly set-up establishments are exempted for five years in certain
circumstances. States may have different number of employment size.

j)IndustrialDisputes Act 1947: - The Act lays down the machinery and procedure for resolution
of industrial disputes, in what situations a strike or lock-out becomes illegal and what are the
requirements for laying off or retrenching the employees or closing down the establishment.

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

employing prescribed minimum (say, 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
get these certified by the designated Authority.

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

m) Child Labour (Prohibition & Regulation) Act 1986: - The Act prohibits employment of children
below 14 years of age in certain occupations and processes and provides for regulations of
employment of children in all other occupations and processes. Employment of child a bouris
prohibited in building and construction industry.

n)Inter-State Migrant Workmen’s (Regulation of Employment & Conditions of Service) Act

1979: - The Act
isapplicabletoanestablishmentwhichemploysprescribedminimum(say,five)ormoreinter-
statemigrantworkmenthroughanintermediary(whohasrecruitedworkmeninonestateforemploym
entintheestablishmentsituatedinanotherstate).TheInter-State migrant workmen, in an
establishment to which this Act becomes applicable, are required to be provided
certainfacilitiessuchasHousing,Medical-
Aid,Travellingexpensesfromhomeuptotheestablishmentandbacketc.

o)The Building and Other Construction workers (Regulation of Employment and Condition
soft Service) Act1996 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 Office rap
pointed by the Government.

p) FactoriesAct1948:-The Act lays down the procedure for approval of plans before setting up a
factory, heal the a safety provisions, welfare provisions, working hours, annual earned leave
and rendering information regarding accidents or dangerous occurrences to designated a
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.
q) Arbitration and Conciliation Act,1996:-The Act lays down
the procedure for appointment of Arbitrator, Arbitration and conciliation, Jurisdiction of
Arbitral Tribunals, Recourse against Arbitral award appeals.

63
 Section4.
Conditions of Contract
Part–II Special Conditions of Contract

I. Contractor shall procure Bitumen and Modified Bitumen from Indian Oil Corporation,
Hindustan Petroleum and shall produce the original C.R.C. issued by the company at the time of
claiming the payment for bitumen or Modified Bitumen along with the bill.

64
 Section 5

Specifications

Shall be attached as per nature of work.

65
 Section 5(Cont’d)
Drawings
Note: The design, drawings, standards and guide lines of the UPPWD/CPWD/UPSTDC are to be followed

List of Drawings:-

1 Key Map ..........................

Building Plan Elevation X Section & Drawing
2 .........................

.........................
3 Structural Drawing
Toilet Drawing .........................
4

.........................
5 Door Windows Fitting Drawing
.........................
6 Sanitation & Drainage Drawing

7 Electrical Drawing .........................

.........................

.........................

1. Drawings to be followed for actual execution of work should bear the stamp “Good for
construction”.
2. Any revision of working drawings should be indicated by pre-fixing R1, R2…..etc. after
original reference number. Reasons for each revision should be clearly noted in the
drawing.
3. Completes ets of drawings should be issued along with other tender documents so as to
form part of the agreement.
4. Drawings are not available with the bidding documents downloaded from the website and
may be obtained from the office of the concerned PIU as indicated in the NIT

66
 Section6

Form ofBid
Notes on Form of Bid
The Bidder shall fill in and submit this Bid form with the
Bid.
_ ______[Date]

To [name of Employer ] GOVERN OR OF UTTAR PRADESH represented by G.M.

(TECH),……………Circle,…………………...

Address [insert address]__)__ ___ ______ __________

____ ___ ______ ___ __ _____ ______
Description of the Works_____ _____ __ __

1. I/We offer to execute the works described above and remedy any defects there in inconformity with
the Conditions of Contract, specifications, drawings, Bill of Quantities and Addenda for

a) Forpercentage rate .... percentage below/percentage above/at par with the rate entered in the
schedule of rates, as referred to in clause13of ITB.

2.We undertake to commence the works on receiving the Notice to Proceed with work in accordance
with the contract documents.

3.This Bid and your written a acceptance of it shall constitute a binding on tract between us. We
understand that you are not bound to accept the lows to any Bid you receive.

Wehere by confirm that this Bid complies with the Bid validity and Earnest money required by the
bidding documents and specified in the Appendix to ITB.

Authorized Signature:_____ ______ _____ ________ __ ___ ________

Name _ ___ __ ___ ___ ______ ____

and _
Title _
of
Signat
ory:
Name of Bidder:__ ___ ___ __ ___ ___ _______ _____

Authorized _ ___ ___ __ ______ _______

Address of _
communicati _
on:

____ ___ ______ ___ __ _____ ___ _____ ______

67
____ ___ ______ ___ __ _____ ___ _____ ______

Telephone No(s):(Office):____ ___ __ _____ ______ ____________

Mobile No.:__ __ ______ ___ ___ ______ ___ _______

Facs imile(FAX)No.:__
_ ______ __ ___ ___ _______
_
_

Electronic Mail _ ______ ___ __ _____

Identification _
(E-Mail ID): _

68
 Section7

Bill of Quantities Preamble

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

2. For the construction of works, the quantities given in the Bill of Quantities are
estimated, and are given to provide a common basis for bidding. The basis of payment
will be the actual quantities of work ordered and carried out, as measured by the
Contractor and verified by the Engineer and valued at the rate sand prices tendered in
the Bill of Quantities in the case of item rate tenders.

3. The rates and prices tendered in the priced Bill of Quantities shall, except in so far as
it is otherwise provided under the Contract, include all constructional plant, labour,
supervision, materials, erection, maintenance, insurance, profit,, together with all general
risks, liabilities and obligations set out in the Contract. The rates of exclusive GST.

4. Arithmetic errors will be corrected by the Employer pursuant to Clause 27 of the

Instructions to Bidders.

5. The rates in BOQ are exclusive of GST & GST shall be paid extra as per rules.

69
 Bill of Quantities For Percentage rate bids

SR Rate In
Description of item (with Unit Quantity % above or
No.
brief specification and below (To be
Fig. Word
reference to book of filled by
specification) contractor

Signature of the contractor

70
 Section8
Letter of Acceptance and Other Forms OFFICE OF

THE G.M. (TECHNICAL), UPSTDC Ltd

LETTER OFACCEPTANCE
To,

M/s .......................................
....................................................
...........................................

This is to notify you that on behalf of the Employer, the G.M. (Tech),
……………….……..U.P.S.T.D.C. Ltd. …………………has accepted your Bid dated
............................................................................................ for
Execution of the District-……………………….. for the Contract Price
ofRs.......................
(Rs.......................... only) is here by accepted by our Agency.

You are hereby requested to furnish Performance Security, in the form

detailed in Cl.32 of ITB for an amount to
Rs....................(Rs................................................) within 10 days of the
receipt of this letter of acceptance valid up to 45 days from the date of expiry of
Defects Liability Period ( i.e. up to ................... ) and sign the contract, failing
which action as stated in Cl. 32.3 of ITB will be taken.

Yours faithfully,

General Manager (Technical)

……U.P.S.T.D.C. Ltd.
………………..
No.& Dated as above.
Copy to ..(P.I.U.)CD-3,(P.P)P.W.D.,Lucknow for information & necessaryaction.

General Manager (Technical)

…………..U.P.S.T.D.C. Ltd.,
………………..

71
OFFICE OF THE GENERAL MANAGER (TECHNICAL),
……………..U.P.S.T.D.C. Ltd.,

Issue of Notice to proceed with the work

LETTER NO.............................. DATED.....................

To,

...........................................
......................................
.............................
Dear Sirs:

Pursuant to your furnishing the requisite performance security as stipulated in

ITBClause32.1and signing of the contract for the construction
of…………………………………for Distt ....... , you are here by in structed to proceed with
the execution of the said works in accordance with the contract documents.

72
 9

(c)Standard Form of Agreement

Notes on Standard Form of Agreement
The Agreement should in corporate any corrections or modifications to the Bid resulting from corrections
oferrors Instructions to Bidders, Clause 26).

Standard Form: Agreement

Agreement

This agreement, day of 2022.between General Manager (Technical),……………

made the ...... of ..................

U.P.S.T.D.C. Ltd.……………………………..(hereinafter called“ the Employer”)of the one part,and

......................................................................................................................

[name and address of Contractor] (hereinafter called“ the Contractor” of the other part).
WhereastheEmployerisdesirousthattheContractorexecutetheWorkof…………………………………
District ............... (here in after called“ the Works”) and the Employer has accepted the Bid by the
Contract or for the execution and completion of such Works and there me dying of any defects there in a
tacos to of Rupees...................(Rsonly)

NOW THIS AGREEMENT WITNESSETH as follows:

1. In this Agreement, words and expressions shall have the same meanings as are respectively assigned
to them in the Conditions of Contract hereinafter referred to, and they shall be deemed to form and
be read and 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 here by covenants with the
3.
4.
5.
6.
7.
8.
9. Employer to execute and complete the Works and remedy any defects there in inconformityinall
aspect with the provisions of the Contract.

73
10. The Employer here by covenant stop ay the Contractor in consideration of the execution and
completion of the Works and the remedying the defects wherein the Contract Price or such other sum
as may become payable under the provisions of the Contract at the time and in the manner prescribed
by the Contract.

11. The following documents shall be deemed to for mandberead and construed as part of this Agreement, viz:
i) Letter of Acceptance;
ii) Notice to proceed with the works;
iii) Contractor’s Bid;
iv) Contract Data;
v) Special Conditions of contract and General Conditions of Contract;
vi) Specifications;
vii) Drawings;
viii) Bill of Quantities; and
ix) Any other document listed in the Contract Data as forming part of the contract.

74
In witness where of the parties there to have caused this Agreement to be executed the day

and year first before written. The Common Seal of

…U.P.S.T.D.C.Ltd..
General Manager (Technical) Ltd.
…..…………….

was hereunto affixed in the presence of: Signed, Sealed and Delivered by the said To,

.........................................
.............................................
..............................................

in the presence of:..

Binding Signature of Employer authorized representative

……U.P.S.T.D.C. Ltd.
Ltd.
General Manager (Technical)
…..…………….

Binding Signature of Contractor

.........................................
.............................................
..............................................

75
 (d)Form of unconditional Bank guarantee For advance payment
BANKGUARANTEE FOR ADVANCE PAYMENT

To,
Managing Director,
U.P.S.T.D.C. Ltd..
……………

Gentlemen:

In accordance with the provisions of the General Conditions of contract, clause 45 (“Advance
Payment”) of the above-mentioned Contract,_______
___[nameandaddressofContractor](hereinaftercalled“theContractor”)shall
depositwith__ ______ _________ __[name of Employer] a bank guarantee
performanceunderthesaidClauseoftheContractinanamountof______ ___ to guarantee his proper and faithful
[amount of _ ______ _ _____ [in words].
guarantee] _
1 _

We,the_ _____ ___________ [bank or 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 what so ever right to Objection
on our part
and without his first claim to the _ ______ [ amount of
Contractor, in the amount not exceeding _ ___
_ ___
gua _ ______ ___ .
ran _
tee] _
1__

We further agree that no change or addition to or other modification of the term of the
Contractor of Works to be performed the round error of any of the Contract or documents
which may be release us from any liability under this guarantee, and where by waive notice of
no change, addition or modification.
ThisguaranteeshallremainvalidandinfulleffectfromthedateoftheadvancepaymentundertheContractuntil
____________[name of Employer ] receives full repayment of the same amount from the Contractor.

Yourstruly,

Signatureand seal: ___ ___ ___ ___

Name of Bank/Financial _ ______
Institution:__ _
_
_
_
_
Address:_ _ _ ___ __ ___ ___
_ _ ___
_ _

76
 Date:____ ___ __ __ _______

____ ___ ______ ___ __ __ ___

1.An amount shall be inserted by the bank or financial institution representing the amount of the
Advance Payment, and denominated in Indian Rupees.

(e) Form of unconditional Bank guarantees “Performance Bank Guarantee”).

77
 PERFORMANCE BANK GUARANTEE
To,
Managing Director
U.P.S.T.D.C. Ltd.
……………………

WREREAS__ ___ __ _____ _________ [Name and Address of Contractor] (Here in after called“ the
Contractor”)has under taken, in pursuance of Contract No.______dated___to execute [Name of Contract and
brief description of Works]here in after called“ The Contract”

ANDWHEREAS it has been stipulated by you in the said contract that the contractor shall furnish
you with a bank guarantee by a Nationalized Bank for the sum specified the rein as security for
compliance with his obligation since accordance with the Contract;

AND WHEREAS we have agreed to give the Contract or such a Bank Guarantee;

NOWTHEREFOREweherebyaffirmthatwearetheGuarantorandresponsibletoyouonbehalfoftheContractor, up to a total
of__ ________ [amount to ______ ____ [in words],such sum being
guarantee]_ ______
payable in the types and
proportionsofcurrenciesinwhichtheContractpriceispayable,andweundertaketopayyou,uponyour firstwritten
demandandwithoutcavilorargument,anysumorsumswithinthelimitsof____ ____ __[amount of
guarantee] as aforesaid without your needing to prove or to show grounds or reasons for a demand

forthesumspecifiedtherein.WeherebywaivethenecessityofyourdemandingthesaiddebtfromtheContactorbefore

presentinguswiththedemand.

We further agree that

nochangeoradditiontoorothermodificationofthetermsoftheContractoroftheWorkstobeperformed thereundero
r of any of the Contract documents which may be made between you and the Contractor shall in anyway
release us from any liability under this guarantee, and where by waive notice of any such change,
addition or modification.

This Guarantee shall be valid until a date 45 days after the expiry of defect liability
period of 5 years after in tended completion date.

Signature and seal of the guarantor_ ___ ________________ ________ __

Name of Bank ____ ___ ______ _______ __

Address ____ ___ ______ __ ___________

Date ____ ___ ______ __ ____________

78