Government of Haryana

Irrigation & Water Resources Department

Sinchai Bhawan, Sector-5, Panchkula

Standard Bidding Document

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Table of Contents

Sr. No. Content Pages

Invitation for Bids
Tender Notice for Press 2-3
Detailed Notice Inviting Tender 4-8
Section 1 Instructions to Bidders 9-33
Section 2 Qualification Information and Other Forms 34-42
Section 3 Conditions of Contract 43-66
Section 4 Special Conditions of Contract 67-77
Section 5 Contract Data 78-87
Form of Bank Guarantee for Bid Security 88-89
Form of Performance Bank Guarantee 90
Bill of Quantity 91

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Signature of Contractor No. of Corrections Signature of Engineer

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HARYANA IRRIGATION & WATER RESOURCES DEPARTMENT

NOTICE INVITING E-TENDERS

Item wise sealed bids on agreement basis/ work order basis are invited by the undersigned, on behalf
of Governor of Haryana, from Contractors/L&C Societies of eligible class registered with Haryana
Irrigation & Water Resources Department or any branch of P.W.D. Haryana. Contractors registered
with CPWD, MES, Railways, Central Government, other State Governments or State Government
undertakings, PSUs are also eligible for participation in the bid shown in the table below:
Sr. Name of work Estimate Earnest money Period of Cost of bid
No. d cost in (Rs.) completi documents
lacs on
1 2 3 Contractor Society 5 6
1 Laying RCC Pipe for filling of dry pond 19.50 39000/- 19500/- 8 Months 1000/-
of Village Tihar Malik from RD 19000/R
Guhna Minor
2 Reconstruction of V.R. Bridge at RD 73.47 147940/- 73470/- 12 Months 5000/-
29650 of Sink Bahadurpur Drain./

3 Berm cutting from inner section of 5.09 10180/- 5090/- 2 Closures 1000/-
Bhalaut Sub Branch from RD 38820 oi
83000
4 Berm cutting from inner section of 5.22 10440/- 5220/- 2 Closures 1000/-
Bhalaut Sub Branch from RD 10000 to
38820

5 Restoring the bank of Tributary drain 12.72 25440/- 12720/- 6 Months 1000/-
No. 4 for separating Village Ponds at
various ponds at various locations
6 Repair & Maintenance of Gates & 6.96 13920/- 6960/- 4 Months 1000/-
Gearing at Head RD 83200 Butana
Branch
7 Repair of damaged parapets of bridges 2.72 5440/- 2720/- 2Months 500/-
in Gangessar Section (Butana Branch)
8 Repair of damaged parapets of bridges 2.60 5200/- 2600/- 2 Months 500/-
in Rana Kheri Section (Butana Branch)
9 Making Service Road Jseepable of 1.26 2520/- 1260/- 2 Months 500/-
Butana Branch fromRD 17000 to
83200
10 Making Pucca Road from Canal Rest 1.85 3700/- 1850/- 2 Months 500/-
House Rana Kheri to Pucca Gohana
Safidon Road (on labour rate)
11 Repairing parapets of Bhalaut Sub 1.91 3820/- 1910/- 2 Months 500/-
Branch in Sub Divn. No. I, Ditch Drain
along BSB & ditch drain along JLN .

For detail information and instructions contact on Departmental Website http://etenders.hry.nic.in.

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As per Haryana Co.Operative Deptt. Notification No. 8366C-7-2016/38/8dated 8.12.2016 & E-in-Chief Irrigation &
W.R. Department Haryana, Panchkula Endstt. No. 1726-30/3-Co.Ord./2014 dated 4.7.2014, the preference for the
tenders will be given to Co.Op. L&C Societies except work appearing at Sr. No. 2 above.

The Tender documents containing detailed terms and conditions can be seen and down load as per Key date.

Key dates: (For E-Tendering)

Time /Date of online publication 3.10.2017 upto 18.00 Hrs.

Time/Date of downloading: from 10.00 Hrs 4.10.2017 upto 13.00 Hr.18.10.2017

Time/Date of Submission : from 11.00 Hrs. 4.10.2017 upto 13.00 Hr. on 18.10.2017

Time/Date for receipt of documents on 18.10.2017 upto 14.00 Hrs.

Time/Date of Opening : 15.00 Hrs. on 18.10.2017.

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Signature of Contractor No. of Corrections Signature of Engineer

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Signature of Contractor No. of Corrections Signature of Engineer

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HARYANA IRRIGATION & WATER RESOURCES

DEPARTMENT
NOTICE INVITING E-TENDERS
Sr. Name of work Estimated Last Date of
No. Cost Receipt of
( Rs. In lac) Tender
1 Laying RCC Pipe for filling of dry pond of 19.50 18.10.2017
Village Tihar Malik from RD 19000/R
Guhna Minor
2 Reconstruction of V.R. Bridge at RD 73.47 18.10.2017
29650 of Sink Bahadurpur Drain./
3 Berm cutting from inner section of 5.09 18.10.2017
Bhalaut Sub Branch from RD 38820 oi
83000
4 Berm cutting from inner section of 5.22 18.10.2017
Bhalaut Sub Branch from RD 10000 to
38820
5 Restoring the bank of Tributary drain No. 12.72 18.10.2017
4 for separating Village Ponds at various
ponds at various locations
6 Repair & Maintenance of Gates & 6.96 18.10.2017
Gearing at Head RD 83200 Butana Branch
7 Repair of damaged parapets of bridges in 2.72 18.10.2017
Gangessar Section (Butana Branch)
8 Repair of damaged parapets of bridges in 2.60 18.10.2017
Rana Kheri Section (Butana Branch)
9 Making Service Road Jseepable of Butana 1.26 18.10.2017
Branch fromRD 17000 to 83200
10 Making Pucca Road from Canal Rest 1.85 18.10.2017
House Rana Kheri to Pucca Gohana
Safidon Road (on labour rate)
11 Repairing parapets of Bhalaut Sub Branch 1.91 18.10.2017
in Sub Divn. No. I, Ditch Drain along BSB
& ditch drain along JLN .

For further details visit website https://etenders.hry.nic.in & www.hid.gov.in

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Signature of Contractor No. of Corrections Signature of Engineer

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HARYANA IRRIGATION & WATER RESOURCES

DEPARTMENT

TENDER FORM NO. …………………….

DATED …………………………………..

ITEM RATE TENDER

&
CONTRACT DOCUMENTS

Name of Work : -

Name of Agency :-

Agreement No. :-

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Signature of Contractor No. of Corrections Signature of Engineer

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HARYANA IRRIGATION & WATER RESOURCES

DEPARTMENT
Detailed Notice Inviting Tender

Item wise sealed Bids on Agreement Basis/ work order Basis are hereby invited by the Executive
Engineer, Gohana Water Services Division, Gohana on behalf of Governor of Haryana from the
Contractors/L&C Societies of eligible class registered with Haryana Irrigation & Water Resources
Department or any branch of P.W.D. Haryana. Contractors registered with CPWD, MES, Railways,
Central Government, other State Governments or State Government undertakings, PSUs are also
eligible for bid shown in the table with the following terms and conditions:-
1. Bid document can be downloaded from the website www.hid.gov.in &
https://etenders.hry.nic.in from the date of publication up to 03.10.2017 upto 18:00 Hrs.
for a non-refundable cost of bid document of Rs.---------- as above List.
In case of online bids (off line payments) the scanned copy of instruments for payment
of cost of document shall be up loaded with the online bid submission.
2. The work will be reserved for Coop. L & C Societies & Contractor mentioned at Sr. No. 1 to 11.
If the rates given by the Coop. L & C Society are found more than the rates approved by the
competent authority in the immediate past for similar works then the tenders will only be opened
to both i.e. Coop. L & C Societies as well as contractors. Earnest money @ 2% cost of the work
in the shape of DAC/FD etc. has to be deposited by the contractors. The work mentioned at
Sr. No. 1 to 11 is for both Coop. L & C Societies & Contractors.
3. Any registered Society/ contractor can purchase the bid documents after payment of

the requisite cost.

4. As per Haryana Co.Operative Deptt. Notification No. 8366C-7-2016/38/8dated 8.12.2016 & E-
in-Chief Irrigation & W.R. Department Haryana, Panchkula Endstt. No. 1726-30/3-
Co.Ord./2014 dated 4.7.2014, the preference for the tenders will be given to Co.Op. L&C
Societies except work appearing at Sr. No. 2 above.

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4. Key Dates:-

Key dates: (For E-Tendering)

Time /Date of online publication 3.10.2017 upto 18.00 Hrs.

Time/Date of downloading: from 10.00 Hrs 4.10.2017 upto 13.00 Hr.18.10.2017

Time/Date of Submission : from 11.00 Hrs. 4.10.2017 upto 13.00 Hr. on 18.10.2017

Time/Date for receipt of documents on 18.10.2017 upto 14.00 Hrs.

Time/Date of Opening : 15.00 Hrs. on 18.10.2017.

All Bids will be opened by the Executive Engineer, Gohana W/S Division, Gohana at
15:00 Hrs. on 18.10.2017 in the presence of bidders or their duly authorized
representatives who may like to be present.

5. If bid receiving/opening day happens to be a holiday, bids will be received/opened on

the next working day at the same time and venue.
6. Conditional/Telegraphic bids will not be accepted.
7. The validity of bid is 90-days from the date of opening.
8. The competent authority reserves the right to accept or reject any or all the bids
received without assigning any reasons thereof.
9. The L&C societies shall produce an attested copy of the resolution duly approved by
the Co-Operative department alongwith technical bids.
10. The bid without earnest money will not be opened.
11. The bid of the bidder, who does not satisfy the qualification criteria in the bid
documents, are liable to be rejected summarily without giving any reason and no claim
whatsoever on this account.
12. The details of items of work/plan, sanction, drawing, specification can be seen in the
office of the undersigned on any working day.
13. The Contractor shall execute the whole and every part of the work in the most substantial and

satisfactory manner and both as regards materials and otherwise in every respect, in strict

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Signature of Contractor No. of Corrections Signature of Engineer

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accordance with the specifications. The Contractor shall also conform exactly, fully and faithfully to the

designs, drawing and instructions in writing relating to the work signed by the Executive
Engineer Incharge and lodged in his office and to which the Contractor shall be entitled to have
access at such office or site of the work for the purpose of inspection during office hours and
the Contractor shall, if he so requires, be entitled at his own expense, to make or cause to be
made copies of specifications and of all such design, drawing and instructions, as aforesaid. A
certificate of having executed works as per approved design and specification, etc. shall be
given by the Contractor in his each monthly bill. The specification of works, material, and
methodology of execution, drawing and design shall be signed by the Contractor and Executive
Engineer while executing agreement and shall form part of agreement.
14. Pre-bid meeting shall be held in the office of ___________at …………………hours on …………………
(For works costing more than Rs. 2.00 crores)
15. A successful bidder, not already registered with the Irrigation & Water Resources Department,
Haryana will have to submit his application for registration with the Irrigation& Water Resources
Department, Haryana within 15 days of opening of bids and deposit the necessary license fee,
within this period. However, enlistment shall not be a prerequisite for submitting bids.
16. In case of online bids (e-tendering) all the prospective bidders are required to possess digital
signature certificate (DSC) through any certifying authority designated by the Govt. of India and
enroll themselves and DSC on the website is to be used for tender purposes.
17. Prospective bidders are encouraged to seek help specifically provided for contractors on the e-
tender portal for submission process of the bids and the bidder will be solely responsible for any
error in online submission of the bid.
18. The jurisdiction of court will be at Gohana.

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Signature of Contractor No. of Corrections Signature of Engineer

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Signature of Contractor No. of Corrections Signature of Engineer

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SECTION 1

INSTRUCTIONS TO BIDDERS

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Signature of Contractor No. of Corrections Signature of Engineer

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Instruction to Bidders
Table of Contents
Clause Content Page Clause Content Page
No. No.
A. General 11-18 D. Submission of Bids 23
1. Scope of Bid 11 18. Submission of Bids 23
2. Source of Funds 11 19. Deadline for submission of 23
bids
3. Eligible Contractor/ 11 E. Opening of Bids and Evaluation 23-27
Agencies
4. Qualification of Bidders 11-17 20. Bid Opening 23-25
5. One Contractor/Agency per 17 21. Process to be Confidential 25
bid
6. Cost of Bids 17 22. Clarification of Financial 25-26
Bids
7. Site Visit 18 23. Examination of Bids and 26
Determination of
Responsiveness
B. Bid Documents 18-19 24. Correction of Errors 26-27
8. Bid documents 18-19 25. Evaluation and 27
Comparison of Financial
Bids
9. Pre-bid meeting: (Mandatory 19 F. Award of Contract 27-30
for work of value more than
Rs. 2.00 crore)
10. Amendment of Bid 19 26. Award of Contract 27-28
Documents
C. Preparation of Bids 20-22 27. Notification of Award and 28
Signing of Agreement
11. Documents comprising bid 20 28. Performance Security 28-30
12. Contract Price 20-21 29. Debarring 30
13. Validity of Bids 21 30. Completion of work 30
14. Currency of the Bid and 21 31. Withdrawal of items 30
payment
15. Earnest Money 21-22 32. Corrupt or Fraudulent 30
Practices
16. Forfeiture of Earnest Money 22 33. Advance payment 30
17. Format and signing of bids 22 G. Joint Venture 30-37
34. Terms and conditions for 30-37
Joint Venture (JV)

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Signature of Contractor No. of Corrections Signature of Engineer

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Section 1. Instructions to Bidders

A. General
The Executive Engineer, Gohana W/S Division, Gohana on
1. Scope of Bid 1.1 behalf
of Governor of Haryana invites bids for the construction of works,
detailed in the table given in the Detailed Notice Inviting Tender
(DNIT).
1.2 The eligible Contractor/Agencies may submit bids for any or all of
the works. (Submission of bids by E-tendering for the works
costing Rs. 5 Lacs and more is mandatory).
1.3 The successful Contractor/agency will be expected to complete the
works by the intended completion date specified in the Contract
data.
2. Source of Funds 2.1 The expenditure on this project will be met out from the
……………………………………
3. Eligible 3.1 This N.I.T is open to all the eligible Contractors/Agencies and
Contractor/Agencies Labour &Construction Societies of appropriate class, as defined in
the instructions for Invitation For Bid (IFB). Any material,
equipment and services to be used in the performance of the
Contract shall have its origin as per relevant Haryana PWD
specifications with latest amendments and applicable I.S Codes,
PWD Code and other relevant rules in force.
3.2 The bidder should neither be associated nor should have been
associated in past, directly or indirectly with the consultant or any
other entity that has prepared the design specifications and other
documents for the scheme or being proposed as Project Manager
for the Contract. A firm/Agency that has been engaged by the
Employer to provide consultancy service for the preparation or
supervision of the works, and any of its affiliates, shall not be
eligible for bidding.
4. Qualification of 4.1 All eligible Contractor/societies shall attach the following
Bidders documents with their bids and shall provide required information
on the forms of bid and qualification information on the
Contractor Bid. In case of online bids all
bidders/contractors/societies will upload scanned copies of
(a) At teste d Co pies of o rigin al do cum ents defi ning the

following documents digitally self attested/signed:

constitution or legal status, place of registration, copy of
enlistment, license fee receipt for the previous assessment

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Signature of Contractor No. of Corrections Signature of Engineer

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year, place of business, written power of attorney of the

signatory for bid to submit the bidder.
(b) Annual turnover expressed as total volume of Civil
Engineering construction work performed in each of the last
(immediately the preceding year including the current year in
which the bids are invited) 5 years (with certificate in original
or duly attested by the Executive Engineer in-charge).
(c) Experience in works of similar nature and volume of
each of the last 5 years and details of works in hand
and contractual commitments alongwith the list of
clients with their full address, who may be contacted for
further information on these contracts.
(d) Details of major items of construction equipment
proposed to carry out the Contract, specifying whether
the same is owned or hired.
(e) Qualification and experience of key site management
and technical personal proposed for the Contract.
(f) Information regarding any current litigation in which the
Contractor/Agency is involved with detail of parties
concerned and disputed amount alongwith details of
any ongoing arbitration cases.
(g) Details of works abandoned/terminated with reasons thereof.
(h) Authority to seek reference from the bidders from their
bankers.
(i) Proposal for subcontracting components of the works
amounting to more than 10% (subject to maximum 60%) of
the Bid price (for each, the qualifications and experience of
the identified sub-contractor in the relevant field should be
annexed) (for all contracts over Rs. 5 crore).
(j) The proposed methodology and programme of construction,
backed with equipment planning and deployment, duly
supported with broad calculations and quality control
procedure proposed to be adopted, justifying their capacity of
execution and completion of the work as per technical
specifications within the stipulated period of completion as
per milestones (for all contracts over Rs. 5 crore).
(k) Income Tax clearance certificate for the previous year.
4.2 (i) The works of Irrigation & Water Resources Department
are classified as under: -
(a) The works specific to the Department:

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The works such as construction/repair of dam, barrage,

head/cross regulators, cross drainage works, lining of
channels, bridges, falls, gated structures, pump houses,
escape regulators, river training works, etc. where discharge
is more than 25 cusecs at the point of construction.
(b) General works:
The work such as earthwork of all types, construction/repair
of lined watercourses and appurtenant work thereto, all
works included at (a) above where discharge is less than 25
cusecs at the point of construction.
(c) Special works:
Construction/repair of building, metalling of roads etc. or any
other work which may be specified as special work under this
Sub Clause, the work will be considered as special work.
(In case any work is not properly classified, the Chief
Engineer concerned will categorize the same).
Works in one group, either covered in (a) or (b) above, shall
be considered as similar works for any individual work given
in these groups. However, for Special Works, only the same
type of work shall be considered as similar work.

4.2 (ii) For the works covered under 4.2 (i) (a & c) above,
following qualification criteria will be followed:
(A) To qualify for award of the Contract, each bidder in
its name should have in the last 5 years:
(a) Achieved in at least one year, a minimum annual
financial turnover (in all classes of civil
engineering construction works only) of 75% of
the annual estimated value of work @. This
should be duly audited by Chartered Accountant.
(b) Satisfactorily completed, as a prime contractor,
one work of similar nature in a single contract of
value not less than 80% of the value of work@.
Or
Two works of similar nature of value not less
than 50% of the value of work. @
Or
Three works of similar nature of value not less
than 40% of the value of work. @
(c) Executed in any one year the following minimum
quantities of work [50% of the annual estimated
quantities for works with more than 1 year
completion period and 50% of the estimated

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quantities for works of less than 1 year

completion period].

Reinforced cement concrete ……...Cum

(Strike out
Earth work -----Cum
which is
MS. Wire Creates ……… Nos.
not
Lining work (RCC/CC/bricks/tiles (
applicable)
Stone work Cum
Steel ………. Qtl
Any other major item as per BOQ

(d) The contractor or his identified sub-contractor

should possess required valid electrical license
for executing the electrification works and should
have executed similar electrical works totaling
Rs…………………. @ in any one year (50% of
annual estimated costs of electrical component).
(e) The contractor or his identified sub contractor
should possess required valid license for
executing the water supply/sanitary
engineering works and should have executed
similar water/sanitary engineering works
totaling Rs…………………….@ in any one
year. (50% of annual estimated cost of water
supply/ sanitary component).
(f) The contractor or his identified sub contractor
should have executed similar fire fighting work
totaling Rs………………@ in any one year.
(50% of the annual estimated cost of fire
fighting component).
(g) The contractor or his identified sub contractor
should have executed similar gates and
gearing work totaling Rs. ………………..@ in
any one year (50% of the estimated cost of
gates and gearing component).
Note: (@) at price level of the current financial year
(when bids are opened). The cost of works, executed
during previous years, shall be given weightage of 10%
per year (compounded yearly) to bring itto the current
price level for the year in which bids are opened.

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 (B) Each bidder should further demonstrate:
(a) Availability (either owned or leased or by
procurement) of the following key and critical
equipment for this work:

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I Batching & mixing plant (……….cum /hr) ………

Ii Excavators (Preferably hydraulic)
(………capacity) ………
Iii Tippers/ trucks (10T) ………
Iv Immersion vibrators/ Surface vibrators ………
V Tower crane for concrete placement/ other
similar facility/concrete pumping machine of
adequate capacity
Vi Steel shuttering ……
Sqm

Based on the studies, carried out by the Engineer, the

minimum suggested major equipment to attain the
completion of work in accordance with the prescribed
construction are shown in the above list. The number and
type of equipment required shall be decided by the
Engineer-in-charge depending on the requirement of the
work to be executed.
The bidders should, however, undertake their own studies
and furnish with their bid, a detailed construction planning
and methodology supported with layout and necessary
drawings and calculations to review the above proposals.
The numbers, types and capacities of each plant/equipment
shall, in the contractors proposals, be appended along with
the cycle time for each operation for the given production
capacity to match the requirements.
Contractor’s proposal to deploy equipment can be at
variance to the Engineer’s proposal at 4.2 (ii) (B) (a) above
but contractor will have to satisfy the Engineer-in-Charge
regarding adequacy of equipment proposed by contractor.

(b) Availability of a Project Manager with experience

in construction of similar civil engineering works
and other key personnel with adequate
experience as given below, however, this is not
an exhaustive list and additions/alterations may
be made by the Engineer-in-Charge as per
requirement of the specific work:

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Position No. of Experience on

personnel similar works in
same capacity
Project Manager 5 Year
Project Engineer (Civil) 4 Year

Note:
a) Project Manager – will be required for works costing more
than 5 crores. He must possess a degree in civil
engineering or equivalent.
b) Project Engineer – will be required for works costing more
than 1 crores. He must possess a diploma in civil engineering
or equivalent and for works costing more than 5 crore the
degree of civil engineering or equivalent is required.

The list/details of above personnel is to be made available by the

contractor or his identified sub-contractor.

(C) Liquid asset and/or availability of credit facility of not

less than Rs……………… (25% of the cost of work or
working capital for 3 months whichever is less).
(D) Any diploma holder engineer with 2 yrs experience can
perform as a contractor for work upto Rs.20.00 lacs.
(or upto amount that may be specified from time to time)
(E) Any degree holder engineer with 2 yrs experience will be
entitled to perform as a contractor for works costing upto
Rs.30.00 lacs.
(or upto amount that may be specified from time to time)
For contractors covered under D&E the qualification
criteria at 4.2 shall not be necessary.
4.2 (iii) For General Works as specified in 4.2 (i) (b) above the
following qualification criterion will be followed:
(a) For works costing up to ` 100.00 lacs,(or upto
amount that may be specified from time to
time) the capacity of contractor will be
considered as per his enlistment without any
criteria for similar work amount/quantity.
(b) For works costing more than `100.00 lacs,(or upto
amount that may be specified from time to time)
the qualification criteria shall be as per 4.2 (ii).

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4.3 To qualify for a package of Contracts made up of this and other

Contracts, the bidder must demonstrate having experience and
resources sufficient to meet the aggregate of the qualifying criteria
for the individual Contracts except for the part of electrical, water
supply sanitary work, work of gates and gearing and fire fighting.

4.4 Sub-Contractor’s experience and resources shall not be taken

into account in determining the bidder’s competence with the
qualifying criteria except to the extent stated in 4.2 (ii) (A).

4.5 Bid Capacity (To be evaluated for works costing more than `

200.00 lacs) or more than such amount specified from time to

time)
Bidders who meet the minimum qualification criteria will be
qualified only if their available bid capacity is more than the total
bid value. The available bid capacity will be calculated as under:
Assessed Available Bid capacity = (A x N x M-B), Where
A = Maximum value @ of civil engineering works executed in any one
year during the last five years taking into account the completed as
well as works in progress.
N = Number of years prescribed for completion of works for which bids
are invited.
B = Value at ……………..(the year of execution of the work) price level
of existing commitments and on-going works to be completed
during the next ……… months (period of completion of the works
for which bids are invited).
M = …….(2 or such higher value not exceeding 3 as may be specified by
the Engineer-in-charge herewith and if the value is not filled in, then
it will be considered as 2.5 by default.)
Note: The statements showing the value of existing commitments and
ongoing works as well as the stipulated period of completion remaining
for each of works listed should be countersigned by the Engineer-in-
Charge, not below the rank of an Executive Engineer or equivalent.
(@) at price level of the current financial year (when bids are opened).
The cost of works, executed during previous years, shall be given
weightage of 10% per year (compounded yearly) to bring it to the
current price level for the year in which bids are opened.

5. One Contractor/ Each Contractor shall submit only one bid. A Contractor who submits
Agency per bid more than one bid for each work will be disqualified.

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6. Cost of Bids Contractor/Agency shall bear all costs to submit their bid for the work
and the department will in no case be responsible and liable for those
costs.
7. Site Visit 7.1 The Contractor/Agency is advised to visit and examine the site of
works and its surroundings and obtain for himself on his own
responsibility and at his own cost all information that may be
necessary for preparing the bids and entering into a Contract for
construction of works. The costs of visiting the site shall be at the
Contractor’s /Agency’s own expense.

7.2 The Bidder must visit and see for himself the site conditions
including the geological and hydraulic data before bidding. The
Haryana Irrigation & Water Resources Department will not be
responsible if any of the information mentioned in the site
investigation report is found at variance with the site conditions
during execution of the work, and consequences thereof, and
nothing extra will be payable to him after approval of the tender
rates on account of any variation discovered therein.
7.3 Contractor/Agency must assess the availability of sufficient good
quality water for construction purposes including that for curing as
specified.
7.4 The Contractor/Agency should examine the route for carriage of
construction material upto site of work.
B. Bid Document
8. Bid Documents 8.1 Contents of Bid Document
As per table the set of bidding documents comprises the
documents listed below and addenda issued in accordance with
Clause 10:
Section Particulars
Invitation for Bids
1 Instructions to Bidders
2 Qualification Information, and other forms
3 Conditions of contract
4 Special Conditions of Contract
5 Contract Data
6 Technical Specification
7 Form of bid
8 Bill of Quantities
9 Securities and other forms
10 Drawings
11 Documents to be furnished by bidder

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8.2 The bidder is expected to examine carefully all instructions,

conditions of contract, contract data, forms, terms, technical
specifications, bill of quantities, annexures 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
23.3hereof, bids which are not substantially responsive to the
requirements of the Bid documents shall be rejected.
8.3 Clarification of bidding documents: A prospective bidder
requiring any clarification of the bidding documents may notify
the Employer in writing or by cable (hereinafter “cable” includes
telex and facsimile) at the Employer’s address indicated in the
invitation to bid. The Employer will respond to any request for
clarification which he received earlier than 15 days prior to the
deadline for submission of bids. The Employer’s response will be
forwarded to the enquiring bidder and also uploaded on the
website for the information of all the bidders including a
description of the enquiry but without identifying its source.
9. Pre-bid meeting: 9.1 The prospective bidder or his official representative is invited to
(Mandatory for attend a pre-bid meeting which will take place at the address,
work of value more venue, time and date as below.
than Rs. 2.00 crore) Date & Time ……………………………………
Venue ……………………………………
9.2 The purpose of the meeting will be to clarify issues and to answer
questions on any matter that may be raised at that stage.
9.3 The prospective bidder is requested to submit any questions in
writing or by cable to reach the Employer/Engineer not later than
one week before the meeting.
9.4 Minutes of the meeting, including the text of the questions raised
(without identifying the source of enquiry) and the responses
given will be transmitted without delay tothe enquiring bidder and
also uploaded on the website for the information of all the bidders
including a description of the enquiry but without identifying its
source. within 7 days. Any modification of the bidding documents
listed in Clause 8, which may become necessary as a result of the
pre-bid meeting shall be made by the Employer exclusively
through the issue of an Addendum and corrigendum pursuant to
Clause 10 and not through the minutes of the pre-bid meeting
only. The minutes will also be posted on the website.
9.5 Non-attendance at the pre-bid meeting will not be a cause for
disqualification of a prospective bidder.
10. Amendment of 10.1 Before the deadline for submission of bids the Engineer may
Bid Documents modify the bidding documents by issuing Corrigendum.
10.2 Any corrigendum soissued shall be part of the bid documents and

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shall be communicated to the Contractor/ agencies who

attended the pre-bid conference and will also be uploaded
on the website for information of others.
10.3 To give reasonable time to take corrigendum into account in
preparing the bid, the Engineer may, at his discretion
extends as necessary the dead line for submission of bids.
10.4 For online bids the corrigendum shall be available on
website prescribe for e-tendering.
C. Preparation of Bids

11. Documents 11.1 The Bidder shall bear all costs associated with the preparation and
comprising bid submission of its bid, and the Purchaser shall not be responsible
or liable for those costs, regardless of the conduct or outcome of
the bidding process.
11.2 The bid to be submitted by the bidder (refer Clause 8.1) shall be
in two separate parts:
Part-I shall be named “Technical Bid” which will be submitted
online,unless otherwise specified in the NIT and scanned copies
of all the requisite documents will be uploaded and original
documents will be submitted upto the time of opening of bids , till
allowed to do so and it will include the following:-
(i) For bidding documents downloaded from website (refer
IFB), the cost of bidding document will be paid as
specified.
(ii) Bid Security in the form specified under clause 15.
(iii) Qualification Information and supporting documents as
specified in Section-2.
(iv) Certificate, undertakings, affidavits as specified in
Section 2.
(v) Information pursuant to Clause 4 of Section 1.
(vi) Undertaking that the bid shall remain valid for the period
specified in Clause 13 of Section 1.
Part-II shall be named “Financial Bid” and shall comprise of:
(i) Form of Bid as specified in Section 7.
(ii) (Priced Bill of Quantities for items specified in Section 8.
(iii) Both bids will be submitted online in accordance with
Clause 19 unless otherwise specified.
11.3 All documents relating to the bid shall be in the Hindi/English
language.
12. Contract Price 12.1 The Contract price shall be for the whole work based on the priced
bill of quantities submitted by the Contractor/Agencies.
12.2 The Contractor/Agency shall fill the rates and prices for all the
items in the works described in the bill of quantities. Items for
which no rate or price are entered by the Contractor/Agency will not

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be paid for by the Engineer when executed and shall be

deemed to be covered by other rates and price in bill of
quantities. Corrections, if any, shall be made by crossing out
and initialing with date and rewriting.
12.3 All duties, taxes and other levies payable including any
royalty if payable on account of minor minerals as per rules,
by the contractor as applicable from time to time, or for any
other cause shall be included in the rates, prices and total
Bid Price submitted by the Bidder.
12.4 The rate and price quoted by the bidder shall be fixed for the
duration of the Contract and shall not be subject to adjustment
on any account (for contracts up to 12 months period).
Or
The rates and prices quoted by the bidder are subject to
adjustment during the performance of Contract in accordance
with the provision of Clause 43 of the Conditions of Contract (for
Contracts with more than 12 months as completion period).
12.5 In case of works to be carried out during closure of any channel
no compensation will be payable for non-availability of closure in
the channel. However, if the closure is not made available within
the intended completion period then the Contractor will have the
option to take up the work, in which case escalation will be
payable @ 1% per quarter upto the date of start of work after
which only price adjustment will be made as per clause 43 of
Conditions of Contract if applicable on the value of the
works (For works on canals during closure period only).
st
Note: - Escalation for 1 quarter after due date will be 1%, for
second quarter after due date will be 2% and so on.
13. Validity of Bids Bids shall remain valid for a period of 90 days after the date of opening of
the tender. Any received bid valid for a shorter period will be rejected by
the Engineer as non-responsive. In case of exceptional circumstances,
prior to the expiry of the original time validity, the Engineer may request
the bidders to extend the period of validity for specific additional period
along with the extension of instrument of the earnest money.
14. Currency of the The unit rates and the price shall be considered in Indian Rupees
and all Bid and payment payments shall be made in Indian Rupees.
15. Earnest Money 15.1 The Contractor/Agency shall furnish Earnest Money for the
amount as specified. The earnest money shall be in favour
of Executive Engineer, Gohana Water Services Division,
Gohana and may be in one of the following shapes:
A receipted challan from Government Treasury or a duly
pledged Deposit at Call/FDR/D.D./Bank Guarantee in the form

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specified, from any scheduled bank as specified and

should be valid for 45 days beyond the validity period
of bid as specified in clause 13.
The Scanned copy of the instrument of the Earnest
Money will be uploaded and the original copy will be
physically submitted before the opening of technical bid
unless paid on line when the mode is available.
15.2 Any tender not secured as indicated above shall be rejected
by the Engineer as non responsive.
15.3 The Earnest money of unsuccessful Contractors/agencies will
be returned after 45 days of the validity period of the bids, as
specified in clause 13 or when the successful agency has
signed the agreement, and furnished the performance security,
and other documents as specified, if any, whichever is earlier.
15.4 The Earnest money of the successful Contractor/agency will
be discharged when the Contractor/agency has signed the
agreement and furnished the performance security and
submitted the program of work as required under Clause 27.
16. Forfeiture of 16.1 The Earnest money will be forfeited:
Earnest Money (i) if the Contractor/agency withdraws his/her bid during the
period of bid validity;
(ii) in case the successful Contractor/agency fails within the
specified time limit, to sign the agreement or furnish the
required performance security;
(iii) in case where it is discovered at any stage before the
allotment of work to the Contractor, that he had/has made
misleading or false statements in order to get the work
allotted. This would be in addition to and without prejudice
to the right of the Engineer to take any other legal action
against the Contractor.

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17. Format and 17.1 The original and copies of the bid shall be typed or hand
written signing of bids and shall be signed by a person or persons duly
authorized to sign on behalf of the Contractor/agencies. The person who has signed the
bid documents shall initial all pages of the bid documents where entries or amendments
have been made. All documents attached with the bid should be duly signed by the
authorized
signatory with date.(For Manual Mode)
17.2 The rates should be per unit and written in figures, words
along with worked out amount. In case of error, the rates
written in words will prevail. However, if the rates are given
in one form only, then the same shall be considered.
17.3 The bid documents shall contain no alterations or additions,
except those to comply with instructions issued by the Engineer,
or as necessary, to correct errors made by the Contractor/agency,
in which case such corrections shall be initialed by the persons
signing the bid document. (For Manual Mode)
17.4 Bidders shall submit offers that fully comply with the
requirements of the bidding documents, including the
conditions of contract, basic technical design as indicated in
the drawing and specifications. Conditional offer will not be
considered further in the process of bid evaluation.
D. Submission of Bids
18. Submission of 18.1 Submission of Bids (Offline)
Bids
(a) The Contractor/Agency shall seal the original and copy of
the bids in separate envelopes, marked “original” and “copy”
and put these envelopes insides one another envelope,
addressed to the Engineer at the following address.
Executive Engineer, Gohana W/S Division, Gohana
Do not open Before 18.10.2017 at 15:00 Hrs.
(b) If the envelope is not sealed and marked as above the
Engineer will assume no responsibility for the
misplacement or premature opening of the bid.
(c) The envelope containing documents of Technical Bids which
cannot be submitted online (i) be addressed to the Engineer
at the address given in Contract Dates, (ii) bear the
identification as indicated in clause 20.1 above.

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18.2 Submission of Bids (Online)

Online submission of bids will be as per the detailed
instructions/manuals provided on the portal of E-tendering
service provider.
19. Deadline for 19.1 Bids must be submitted to the Engineer at the above address not
submission of bids later than as above date. The Engineer may extend the
deadline for submission of bids, by issuing an amendment in
which case all rights and obligations of the Engineer and the
Contractor/Agencies previously subject to the original deadline
will then be subject to the new deadline.
19.2 Any bid received by the Engineer after the deadline prescribed
will not be entertained and will be returned unopened.

19.3 No bid can be modified after the deadline for submission of bids.

E. Opening of Bids and Evaluation

20. Bid Opening 20.1 The Engineer will open all the Bids received (except those
received late), including modifications made pursuant to Clause
10, in the presence of the Bidders or their representatives who
choose to attend at time, date and the place specified in clause 19
in the manner specified in Clause 20 of Section 2. In the event of
the specified date of Bid opening being declared a holiday, the
Bids will be opened at the appointed time and location on the
next working day.(Applicable to both, offline and online opening)
20.2 Single envelop system of bid opening: for works costing upto Rs.
1.00 crores (or as may be specified from time to time), the
Engineer will have the discretion to adopt single envelope system
of bid opening. In this case, firstly technical bid will be opened
and if the valid bid security is received, financial bid will also be
opened without evaluating the technical bid. However, technical
bids of the bidders would be evaluated later and financial bids of
only those bidders will be considered who would qualify in the
technical bids. Technical bids will be approved by the officer
competent to approve the financial bid. (Applicable to both,
offline and online opening)
20.3 The Engineer will prepare the minutes of the bid opening
including the information disclosed to those present. (Applicable
to both, offline and online opening)
20.4 Double envelops system of bid opening (for works costing more
than 1 crore or even for works costing less than 1 crore as may be
specified):

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(a) Offline Opening (wherever specifically allowed)

(i) The envelope containing “Technical Bid” shall be
opened first.
(ii) The amount of earnest money, forms and validity shall be
announced. Thereafter, the bidders’ names and such
other details as the Employer may consider appropriate,
will be announced by the Engineer at the opening.
(iii) Evaluation of the technical bids with respect to bid
security, qualification information and other
information furnished pursuant to clause 11 shall be
taken up and evaluated subsequently and approved
by the authority competent to approve the financial
bid and a list will be drawn up of the responsive bids
whose financial bids will be eligible for consideration
and the same will be communicated through e-mail.
(iv) The date & time of opening of the Financial Bid will
also be conveyed by the Engineer through e-mail.
At the time of opening of “Financial Bid”, the names of
the bidders whose bids were found responsive in
accordance with Clause 20.5 will be announced. The
bids of only responsive bidders will be opened. The
responsive Bidders names, the Bid prices, the total
amount of each bid, any discounts and such other
details as the Engineer may consider appropriate, will
be announced by the Engineer at the opening. Any Bid
price or discount, which is not read out and recorded,
will not be taken into account in Bid Evaluation.

(b) Online Opening

(i) The Engineer shall open the first envelope
containing the scanned copies of the payments
relating to bid security and document fee followed
by second envelope containing technical
qualification on the day and time published online.
(ii) After online opening of the technical bids of all the
bidders their documents shall be downloaded and
printouts will be taken for keeping office record.
Each such document must be duly signed and
sealed/stamped by the engineer in token of their
authenticity to the fact that such documents have
actually been taken from the authorised portal.
(iii) The Technical Evaluation Report alongwith the signed
technical documents regarding qualification of the
bidders will be sent to the competent authority, who will

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decide upon the Technical Evaluation. While

accomplishing the technical bid the decision should
invariably be uploaded on the portal so that bidders are
acknowledged for this.
(iv) The date & time of opening of the Financial Bid will
also be conveyed by the Engineer through e-mail.
(v) The Engineer shall proceed to open the financial bids
of such successful bidders on the day and time
finalized and having sent the information to the
qualified agencies.
(vi) The financial bids shall be downloaded and signed for
their authenticity for further approval by the competent
authority as per the bid.
(vii) After final decision is taken by such authority the
engineer shall upload the formal decision regarding the
price bid in the ascending orders.
21. Process to be Information relating to the examination, clarification, evaluation, and
Confidential comparison of Bids and 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 efforts by a Bidder to influence the Engineer
processing Bids or award decisions may result in rejection of his Bid.
22. Clarification of 22.1 To assist in the examination, evaluation, and comparison of Bids,
Financial Bids the Engineer may, at his discretion, ask any Bidder for
clarification of his Bid, including breakup of unit rates. The
request for clarification and the response shall be in writing or by
cable, but no change in the price or substance of the Bid shall be
sought, offered, or permitted except as required to confirm the
correction of arithmetic errors discovered by the Engineer in the
evaluation of the Bid in accordance with Clause 23 C.
22.2 Subject to sub-clause 24.1, no Bidder shall contact the Employer
on any matter relating to his bid from the time of the bid opening
to the time the contract is awarded. If the Bidder wishes to bring
additional information to the notice of the Employer, it should do
so in writing.
22.3 Any efforts by the Bidder to influence the Engineer in the
Employer’s bid evaluation, bid comparison or contract award
decisions may result in the rejection of the Bidders’ bid.
23. Examination of 23.1 During the detailed evaluation of “Technical Bids”, the Competent
Bids and Authority will determine whether each Bid (a) meets the eligibility
Determination of criteria defined in Clause 3 and 4; (b) has been properly signed; (c)
Responsiveness is accompanied by the required securities and; (d) is substantially

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responsive to the requirements of the Bidding documents. During

the detailed evaluation of the “ Financial Bid”, the responsiveness
of the bids will be further determined with respect to the
remaining bid conditions, i.e. priced bill of quantities, technical
specifications, and drawings.
23.2 A substantially responsive “Financial Bid” is one which conforms
to all the terms, conditions, and specifications of the Bidding
documents, without material deviation or reservation. A material
deviation orreservation is one (a) which effects in any substantial
way the scope, quality, or performance of the Works; (b) which
limits in any substantial way, inconsistent with the Bidding
documents, the Competent Authority right or the Bidder’s
obligations under the Contract; or (c) whose rectification would
affect unfairly the competitive position of other Bidders presenting
substantially responsive Bids.
23.3 If a “Financial Bid” is not substantially responsive, it will be
rejected by the authority competent to approve the financial
bidand may not subsequently be made responsive by correction or
withdrawal of the non-conforming deviation or reservation.
24. Correction of 24.1 “Financial Bids” determined to be substantially responsive will be
Errors checked by the Engineer for any arithmetic errors. Errors will be
corrected by the Employer as follows:
(a) Where there is a discrepancy between the rates in figures and
in words, the rate in words will govern; and
(b) Where there is a discrepancy between the unit rate and the
line item total resulting from multiplication of the unit rate
by the quantity, the unit rate as quoted will govern.
24.2 The amount stated in the “Financial Bid” will be corrected by the
Employer in accordance with the above procedure and the bid
amount adjusted with the concurrence of the Bidder.
Such adjusted bid price shall be considered as binding upon the
Bidder. If the Bidder does not accept the corrected amount the Bid
will be rejected, and the Earnest Money may be forfeited.
25. Evaluation and 25.1 The Engineer will evaluate and compare only the Bids determined
Comparison of to be substantially responsive in accordance with Clause 23.
Financial Bids 25.2 In evaluating the Bids, the Employer will determine for each Bid
the evaluated Bid Price by adjusting the Bid Price as follows:
(a) Making any correction for errors pursuant to Clause 24; or
(b) Making an appropriate adjustment for any other acceptable
variations, deviations; and
(c) Making appropriate adjustments to reflect discounts or other
price modifications offered.

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25.3 The Competent Authority reserves the right to accept or

reject any variation or deviation and other factors, which are
in excess of the requirements of the Bidding documents
shall not be taken into account in Bid evaluation.
25.4 The estimated effect of the price adjustment conditions
under Clause-44of the Conditions of Contract, during the
period of implementation of the Contract, will not be taken
into account in Bid evaluation.
25.5 If the Bid of the successful Bidder is seriously unbalanced in
relation to the Engineer’s estimate of the cost of work to be
performed under the contract, the Engineer may require the
Bidder to produce detailed price analysis for any or all items of the
Bill of Quantities, to demonstrate the internal consistency of those
prices with the construction methods and schedule proposed.
After evaluation of the price analysis, the Employer may require
that the amount of the performance security set for in the Clause
28be 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.
A bid, which contains several items in the Bill of Quantities,
which are unrealistically priced low and which cannot be
substantiated satisfactorily by the bidder, can be rejected as
non-responsive by the authority competent to accept the bids.

F. Award of Contract
26. Award of The Engineer will award the Contract to the Contractor/ Agency whose
Contract bid has been determined to be substantially responsive to the bid
document and who has attained the lowest evaluated bid price and whose
financial bid has been accepted for award of contract by the Competent
Authority provided that such Contractor has been determined to be
eligible within the available bid capacity.
27. Notification of 27.1 The Bidder whose Bid has been accepted will be notified of the
Award and Signing award by the Engineer prior to expiration of the Bid validity
of Agreement period by cable, telex e-mail or facsimile confirmed by registered
letter. This letter (hereinafter and in the Conditions of Contract
called the “Letter of Acceptance”) will state the sum that the
Employer will pay the Contractor in consideration of the
execution, completion, and maintenance of the Works by the
Contractor as prescribed by the Contract (hereinafter and in the
Contract called the “Contract Price”).
27.2 Any concession by the contractor during negotiation will also
form part of letter of acceptance and that would be deemed to the
part of the contract agreement. The notification of award will constitute
the formation of the Contract, subject only to the furnishing of

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performance security in accordance with the Clause 28.

27.3 In case of online tenders, the award of contract, after both
Evaluations i.e. Technical and Financial, will be uploaded by
the Engineer specifying the successful bidder and indicating
the completion of the online process.
27.4 The agreement will incorporate all agreements between the
Employer and the successful Bidder. It will be signed by the
Employer and sent to the successful Bidder, within 28 days
following the notification of award alongwith the Letter of
Acceptance. Within 21 days of receipt, the successful Bidder
will sign the Agreement and deliver it to the Employer.
27.5 Upon furnishing of the Performance Security by the
successful Bidder, the Engineer will promptly notify the other
Bidders that their Bids have been unsuccessful.
27.6 If the lowest bidder (L-1) backs out, his earnest money shall
be forfeited, the agency will be debarred for participating in
any bid for one year and the second lowest bidder (L-2),
third lowest bidder (L-3) in order of sequence, may be called
upon for negotiations of contract price to bring his offer to
the same level as the originally first lowest bidder. In the
event of their refusal to do so, the bid shall be recalled. In
case of great urgency, authority competent to accept the bid
may authorize call of limited or short notice bids.
28. Performance 28.1 Within 21 days of receipt of the Letter of Acceptance, the
Security successful Bidder shall deliver to the Engineer a Performance
Security in any of the forms given below for an amount equivalent
to 5% of the Contract price plus additional security for unbalanced
or front loaded bids in accordance with Clause 25 of ITB which
may be kept as a surety that the contractor completes the work
satisfactory. The performance security will be valid upto the end
of the defect liability period plus 45 days or as prescribed in the
contract data. In case the time of completion is extended, the
validity of the instrument shall be correspondingly extended. It
carries no interest and is refunded to the contractor after the date
specified in the contract.
- a bank guarantee in the form given in Section 8; or
- certified Bank Draft.
28.2 If the performance security is provided by the successful Bidder in
the form of a Bank Guarantee, it shall be issued either (a) at the
Bidder’s option, by a Nationalized/Scheduled Indian bank or (b) by a
foreign bank located in India and acceptable to the Employer.
28.3 Failure of the successful Bidder to comply with the requirements of
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the award, forfeiture of the Bid Security and debarring the agency
for participating in any bid for one year. Action will be taken to
allot work to the next lowest bidder as specified under clause 27.6.
28.4 Generally, no consideration shall be given to the offers received
after scheduled time of receipt of bids. But if the subsequent offer
even from a non-tenderer (received within one week of the
previous offer and before the decisions of the contract) is not just
marginally but significantly favourable to the Government (to the
extent of 5% of the lowest bid amount in case of works costing
more than Rs.5.00 crores, 10% in case of works more than Rs.1.00
crore but less than Rs.5.00 crores, 20% for in case of works more
than Rs.5.00 lacs but less than Rs.1.00 crore and 30% in case of
works less than Rs.5.00 lacs or any other limits as decided by
Government from time to time), then the subsequent offer can be
considered provided the bidder deposits the bid security and
unconditional bank guarantee for the difference of the amounts
between the offer of the lowest agency and the subsequent fresh
offer. In that case, short notice fresh sealed bids shall be invited,
with special invitation to the previous participants including the
subsequent bidder mentioned above, but with the stipulation that
the subsequent bidder shall not bid higher than his previous offer,
otherwise his bid security and bank guarantee shall be forfeited.
Tender shall be allotted to the lowest valid bid received.
28.5 The letter of acceptance shall be issued to the contractor for an
amount of its financial offer as evaluated. If this amount is more
than 20% above the administrative approval, Govt. /Client’s
approval shall be taken. In any case, revised administrative
approval shall be sought if the excess over the amount of
administrative approval is more than 10%. The client department
shall be given sufficient time to arrive at decision, say 30-45 days.
29. Debarring If the agency submits Financial Bid through e-tendering but fails to
submit either bid security or the Technical bid or both, then the agency
will be debarred from participating in any bid in Haryana Irrigation &
Water Resources Department for one year.
30. Completion of The agency to whom the work is allotted shall complete the entire work
work as per drawing irrespective of quantities in the DNIT. The agency is
bound to consult the drawings before submitting bids.
31. Withdrawal of The Employer can withdraw any item at any stage. No claim on account
items of withdrawal will be entertained.
32. Corrupt or The Engineer will reject a proposal for award if it determines that the
Fraudulent Bidder recommended for award has engaged in corrupt or fraudulent
Practices practices in competing for the contract in question and will declare the

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firm ineligible, either indefinitely or for a stated period of time; to be

awarded a contract with Govt. of India/State PWD and any other
agencies, if it at any time determines that the firm has engaged in corrupt
or fraudulent practices in competing for the contractor, or in execution.
33. Advance The Engineer will provide Advance Payment on the Contract price as
payment stipulated in the conditions of contract subject to the maximum amount
as stated in Contract Data.
G. Joint Venture
34. Terms and 34.1 Joint Venture partners would be limited to three (including the
conditions for Joint lead partner) for works at (a) and (c) only as specified in Clause
Venture (JV) 4,2 (i) of ITB.
34.2 Bids from joint ventures are not acceptable upto the amount (cost
at which the bids are invited), as specified in the Contract Data.
34.3 One of the partners, who is responsible for performing key functions
in contract management, shall be nominated as in charge during the
post-qualification and bidding periods and, in the event of a
successful bid, during contract execution. The partner in charge shall
be authorized to incur liabilities and receive instructions for and on
behalf of the partners of the JV; this authorization shall be evidenced
by submitting a power of attorney signed by legally authorized
signatories of all the partners.
34.4 All the partners of the JV shall be, jointly and severally
liable, during the bidding process and for the execution of
the contract in accordance with the contract terms, and a
statement to this effect shall be included in the authorization
mentioned above. The bid shall be signed so as to legally
bind all partners, jointly and severally.
34.4 Qualifying Criteria for Joint Ventures

Joint ventures must comply with the following requirements:

(a) The Joint venture must satisfy collectively the criteria of

clause 4.2 (ii) for this purpose the data of each
member of JV may be added together to meet the
collective qualifying criteria.
(b) The lead partner shall meet the following qualifying
criteria in proportion to their partnership in JV but not
less than 50%:

(i) Annual turnover Sub-Clause 4.2(ii) A (a);

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(ii) Particular Construction experience Sub-Clause 4.2 (ii) A

(b) and (c); and

(iii) financial capabilities Sub-Clause 4.2(ii) C

(c) Other partner shall meet the following qualifying criteria in

proportion to their partnership in JV but not less than 25%:

(i) average annual turnover Sub Clause 4.2(ii) A (a);

(ii) particular construction experience Sub-Clause 4.2 (ii)
A (b) & (c); and

(iii) financial capabilities Sub-Clause 4.2(ii) C

34.5 The Bids submitted by a Joint Venture (JV) shall comply with
the following requirements:
(d) There shall be a Joint Venture Agreement between the
constituent firms specific for the contract packages for which
the bids are submitted. The JV Agreement shall include
among other things, the joint venture's objectives, the
proposed management Structure, the proposed distribution
of responsibilities both financial as well as technical for
execution of the work, the contribution of each partner to the
joint venture operation the commitment of the partners to
joint and several liability for due performance,
recourse/sanctions within the joint venture in the event of
default or withdrawal of any partner and arrangements for
providing the required indemnities.
(e) The partner so defined above and nominated as the
partner-in-charge; and this authorization shall be
evidenced by submitting a power of attorney signed by
the legally authorized signatories of all the partners.
(f) The bid, and in the case of the successful bidder, the Form
of Agreement, shall be signed and/or executed in such a
manner as may be required for making it legally binding on
all partners (including operative parts of the ensuing
Contract in respect of' Arbitration Agreement etc.).

(g) The partner-in-charge shall be authorized to incur liabilities

and to receive instructions for and on behalf of all partners
of the Joint Venture and the entire execution of the Contract

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including payment shall be carried out exclusively

through the partner-in-charge. A statement to this effect
should be included in the joint venture agreement.
(h) All partners of the Joint Venture shall be liable jointly and
severally for the execution of the Contract in accordance
with the Contract terms, and a statement to this effect
shall be included in the joint venture agreement.
(i) Bid Security as required can be furnished by any
partner but it should be in the name of JV.
(j) Performance guarantee should be in the name of Joint
Venture.
(k) Joint Venture Agreement shall contain a clause to the
effect that there shall be a separate JV Bank Account
(distinct from the Bank Accounts of the individual
partners) to which the individual partner shall
contribute their share capital and/or working capital.
(l) Joint Venture Agreement shall also contain a clause to
the effect that the financial obligations of the JV shall
be discharged through the said JV Bank Account only
and also all the payments received by the JV from the
Employer shall be through that account alone.
(m) In the event of default by the partner- in-charge, it shall
be construed as default of the Contract and Employer
can take action against all the JV partners under
appropriate Clause of the Conditions of Contract.
(n) All the members of Joint Venture should have active
participation in execution during currency of the
contract. This should not be varied/ modified
subsequently without prior approval of the Employer.
(o) In case the JV agreement is not acceptable to the
Employer, the JV will modify the agreement so as to be
acceptable to the Employer.
(p) The bid submitted shall include all information as
required under the provisions of Sub Clause 5.1 and
furnished separately for each partner.

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SECTION 2

QUALIFICATION INFORMATION AND

OTHER FORMS

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CONTRACTOR’S BID
Description of the Works :
……………………………………………………………………………………
To:
The Executive Engineer,
Address:
[1] Gohana Water Services Division, Gohana

Sir,
We offer to execute the work described above in accordance with the conditions of Contract
accompanying this Bid for the Contract Price of Rs.[2] ……………………..….(in figures)

…………..…………….……………………………………………………….…) (in words)

This bid and your written acceptance of it shall constitute a binding Contract between
us. We understand that you are not bound to accept the lowest or any bid you receive.
We hereby confirm that this Bid complies with the Bid conditions, validity and Bid
Security required by the Contract Documents

Yours Faithfully,

Authorized
Signatory [2]
Name and Title of Signatory: …………………………………………………………………
Name of Bidder:……………………………………………..………………………………
Address:………………………………………………………………………………………..
Income Tax Pan No.:.………………………………………………………………………….
[1] To be filled in before issue of the Bid Documents, by the tender issuing authority.
[2] To be filled in by the bidder, together with his particulars and date of
submission at the bottom of the Form of Bid.

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B. QUALIFICATION INFORMATION
The information to be filled in by the bidder in the following pages will be used for purpose of
Technical Bid Evaluation as provided for in Clause 4 of the ‘Qualification of bidders’. This information
will not be incorporated in the Contract. The Contractor may attach more pages if required.
1. For individual bidders
1.1 Constitution or legal status of bidder (attach copy).
Place of registration: ……………………………………………...………………
Principal Place of Business: ……………………………………………………………...
Power of attorney of signatory of Bid (attach)
1.2 Total value of Civil Engineering
Construction work performed in the
Last Five years (in Rs. Lacs): ……………………………………………...………………
1.3 Civil Engineering Works including earth work performed as prime Contractor ( in the same
name) over the last Five years ( from 2011-12 To 2014-16).
Project Name of Description Contract Value of Date Stipulated Actual date Remarks
Name Employee/ of work No. Contact of period of of explaining
Engineer (Rs. in Issue completion completion reasons for
with full lac) of delay if any
address work and if work
order completed.

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1.3 (a) Civil Engineering works in hand (under progress or incomplete)

Project Name of Description Contract Value Sanctioned Date Stipulated % Value of
Name Employee/ of work No. of value if of period of work work
Engineer Contact any Issue completion done completed
with full (Rs. in of
address lac) work
order

For 1.3 &1.3(a) certificates from employer/Engineer shall be attached by the contractor.
1.4 Information on Litigation and arbitration history in which the bidder is involved.(attach more
sheets if required).
Other Part (ies) Employer/Engineer Cause of dispute Amount involved Remarks
showing Present
status

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1.5 Statement of compliance under the requirements of Sub clause 3.2 of the Instructions to Bidders.

……………………………………………………………………………………………………..................................
..........................................................................................................................................................................................
..........................................................................................................................................................................................
..........................................................................................................................................................................................
..........................................................................................................................................................................................
..........................................................................................................................................................................................
..........................................................................................................................................................................................
..........................................................................................................................................................................................
..........................................................................................................................................................................................

1.6 Proposed work method and schedule. The bidder should attach description, drawings
and charts as necessary to comply with the requirements of the Contracts documents.

1.7 Additional Requirements

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LETTER OF ACCEPTANCE
(Letter head paper of the Engineer)
Dated: ……………………
To
………………………………………………………………
………………………………………………………………
………………………………………………………………(name and address, of the
Contractor) Dear Sirs,
This is to notify you that your tender dated…………………………….. for execution of
……………………………………………………………………………… (name of the Contract and
identification number as……..………for Rs ……………..………………… (amount in figures)
Rs.………………………………………………… …………( amount in words), as corrected and
modified in accordance with the instructions is hereby, accepted by us/our agency.
You are hereby requested to furnish performance security in the form detailed in Para
28of Instructions to Bidders (ITB) for an amount equivalent to Rs. …………………………
within 15 days of the receipt of this letter of acceptance and sign the Contract, failing which
action as stated in Para 28 of ITB will be taken.

Yours faithfully,

Executive Engineer,
………………………………….….
……………………………..………
……………………………………..

CC: 1. Chief Engineer…………………………………………for information

2. Superintending Engineer………………………………………………………

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ISSUE OF NOTICE TO PROCEED WITH THE WORK

(Letterhead of the Engineer)

……………………(Date)

To

……………………………………….(Name & Address of the Contractor)

………………………………………

………………………………………

Dear Sirs,

Pursuant to your furnishing the requisite performance security and signing of the Contract for the

work of …………………………………………………………………...……………………………….
……………………………………………………………………………………………………………..
at a Bid Price of Rs………………. , (Rupees…………………………………………………….only)
you are hereby instructed to proceed with the execution of the said works in accordance with the
Contract agreement.

Yours faithfully,

(Signature, name and title

of Signatory authorized to sign on
behalf of Engineer)

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AGREEMENT FORM
(TO BE EXECUTED ON A NON JUDICIAL STAMP PAPER OF RS.15/-)

Agreement Deed

This agreement, made on the ………… day of ………. 20 … between the Governor of Haryana, acting
through ………………… ……………………………….. [name and address of Engineer] (hereinafter
called “the Engineer” which expression shall, unless the Contract otherwise requires, be deemed to
include his successors and assigns) of the one part and …………..…………………..….. [name and
address of Contractor] (hereinafter called “ the Contractor” which expression shall unless the Contract
otherwise requires, be deemed to include his successors and assigns) of the other part.

Whereas the Engineer is desirous that the Contractor executes ………………………………………

(name and identification number of Contract) (hereinafter called “the works” ) and the Engineer
has accepted the Bid by the Contractor for the execution and completion of such works and
the removal/remedying of any defects therein.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH as follows:-
1. In this agreement, words and expression shall have the same meanings as are
respectively assigned to them in the in the following documents:
(a) Instructions to Bidders (Section-1)
(b) Qualification Information & Other Forms
(c) Conditions of Contract (Section-3)
(d) Special Conditions of Contract (Section-4)
(e) Contract Data (Section-5)
(f) Technical Specifications (Section-6)
(g) Bill of quantities (Section-8)
(h) Drawing (Section 10)
(i) Documents to be furnished by bidder
all of which are hereinafter referred to, as the “Contract”, and they shall be deemed to form and
be read and construed as part of this Agreement.

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2. In consideration of the payments to be made by the Engineer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Engineer to execute
and complete the Works and rectify defects therein in conformity in all respects with the
provisions of the Contract.
3. The Engineer hereby covenants to pay the Contractor in consideration of the execution
and completion of the works in all respect in the Contract Price or such other sum as
they become payable under the provision of the Contract at the times and in the
manner prescribed by the Contract.
In witness whereof, this agreement is signed and executed by both the parties on the day,
month and year aforementioned in the presence of the following witnesses:

1. Signature ………………………….. 2. Signature ……………………….

Name………………………..……… Name………………….………….
Designation…………………..……. Designation …………….………..
Date……………………….……….. Date……………………….………
(For and on behalf of the Governor of Haryana)
3. Signature …………………………..
Name………………………..………
Designation…………………..…….
Date……………………….………..

1. Signature ………………………….. 2. Signature ……………………….

Name………………………..……… Name………………….………….
Designation…………………..……. Designation …………….………..
Date……………………….……….. Date……………………….………
(For and on behalf of the Contractor)
3. Signature …………………………..
Name………………………..………
Designation…………………..…….
Date……………………….………..

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SECTION-3

CONDITIONS OF CONTRACT

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Conditions of Contract
Table of Contents
Clause Content Page Clause Content Page
No. No.
A. General 45-54 C. Quality Control 56
1. Definitions 45-47 29 Identifying Defects 56
2. Interpretation 47-48 30 Tests 56
3. Language of Bid 48 31 Correction of Defects 56
4. Engineer to act on behalf 48 32 Uncorrected Defects 56
of employer
5. Communications in 48 D. COST CONTROL 56-63
writing
6. Sub-Contract 48 33 Bill of quantities 56
7. Personal 48 34 Increase in cost of works/items 56
8. Other Contractors 48-49 35 Changes in the quantities, 57-58
design, specification and
payment thereof
9 Risk 49 36 Break up of rates 58
10. Site Investigation Report 49 37 Cash Flow Forecast 58
11. Dewatering arrangement 49 38 Payment certificates 58-59
12. Queries about Contract 49 39 Compensation Events 59-60
data
13 Possession of Site 49-50 40 Deductions from bills 60
14 Access to the Site 50 41 Retention Money/Security 60-61
Deposit
15 Start of work 50 42 Liquidated Damages 61
16 Works to be completed by 50 43 Price Adjustment 61-62
the Intended Date
17 Instructions 50-51 44 Cash Flow Forecasts 62
18 Defect Liability period 51 45 Loss or damage to the 62
work/material
19 Safety 51 46 Certificate of completion 62
20 Things of historical value 51 47 Taking over site on completion 62
found at site
21 Environmental Protection 51 48 Advance Payment 62-63
22 Insurance 51-52 49 Secured advance 63
23 Dispute Redressal System 52-54 E.FINISHING THE CONTRACT 63-66
B. Time Control 54-55 50 Certificate of Final Payment 63
24 Programme 54 51 Breach of Contract 63-65
25 Extension of the Intended 54-55 52 Consequences of breach of 65
Completion Date contract
26 Delays ordered by 55 53 Release from Performance 65
Engineer
27 Management Meetings 55 54 As built drawings 65-66
28 Early warning 55 55 Retention Money 66

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Conditions of Contract
A. General
1.Definitions 1.1 Terms which are defined in the Contract Data are also defined
in the Conditions of Contract but keep their defined meanings.
Capital initials are used to identify defined terms.
(a) BILL OF QUANTITIES (BOQ) means the priced and
completed Bill of Quantities forming part of the Tender
Document.
(b) COMPLETION DATE is the date of completion of the works
as certified by the Engineer.
(c) CONTRACT is the Contract between engineer/employer and
the Contractor to execute, complete and maintain the works.
(d) CONTRACT DATA defines the documents and other
information which comprise the Contract.
(e) CONTRACTOR is a person or corporate body whose bid to
carry out the Works has been accepted by the Engineer.
(f) CONTRACT PRICE is the price stated in the Letter of
Acceptance and thereafter as adjusted in accordance with the
provisions of the Contract. (Clause 12 of ITB)
(g) COMPENSATION EVENTS are those defined in Clause 40 of
Conditions of Contract.
(h) COMPETENT AUTHORITY is the authority competent to
exercise the financial powers as provided for, in the D.F.R.
(Departmental Financial Rules) in respect of officers of
Haryana Irrigation & Water Resources Department, of the
Govt. of Haryana or other relevant provisions under various
Govt. of Haryana rules and regulations.
(i) DAYS are calendar days; months are the calendar months.
(j) DEFECT is any part of the Works not completed in accordance
with the Contract.
(k) DEFECT LIABILITY PERIOD is the period named in the
Contract Data and calculated from the completion Date.
(l) EMPLOYER is the Governor of Haryana acting through Chief
Engineer (concerned), Haryana Irrigation & Water Resources
Department, Sinchai Bhawan, Panchkula for works costing
more than Rs.50.00 crore and concerned Superintending

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Engineer for all works costing upto Rs.50.00 crore.

(m) ENGINEER is the person named in the ‘Contract Data’ (or
any other competent person appointed and notified to the
Contractor to act in replacement of the Engineer) who is
responsible for supervising the Contract, administering the
Contract, certifying payments due to the Contractor, issuing
and valuing variations to the Contract, awarding extensions
of time, and valuing the Compensation Events etc. after
getting all these things approved from the competent
authority under codal rules.Authorised representative of the
Engineer will be as specified in the Contract Data.
(n) EQUIPMENT is the Contractor’s machinery, stores,
shuttering, scaffolding, vehicles brought temporarily to
the site to execute the works.
(o) GOVERNMENT means the Government of State of Haryana.
(p) INITIAL CONTRACT PRICE is the Contract price listed in
the Engineer’s letter of acceptance.
(q) INTENDED COMPLETION DATE is the date on which it is
intended that the Contractor shall complete the works, which is
specified in the Contract Data. It may be revised only by the
Engineer by issuing an extension of time after due approved
from the competent authority under codal rules.
(r) MATERIALS are all supplies, including consumables,
used by the Contractor for incorporation in the Works.
(s) NATURAL SURFACE LEVEL (NSL) is the natural
surface level of the work area and its surroundings.
(t) PLANT is an integral part of the Works having a mechanical,
electrical, electronic, chemical or biological function.
(u) SITE is the area of work as defined in the Contract data.
(v) SITE INVESTIGATION REPORTS are the reports which
are included in the Contract documents and are factual
interpretative report about the surface and sub-surface
conditions at the site.
(w) SPECIFICATION means the Specification of the Works
included in the Contract Documents or any modification
made therein subsequently which is approved by the
Engineer or PWD specifications.
(x) START DATE is given in the Contract data. It is the date when
the Contractor shall commence execution of the works.

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It does not necessarily coincide with any of the Site Possession

Dates.
(y) SUB CONTRACTOR is a person or corporate body who
has a Contract with the Contractor to carry out a part of
the work in the Contract which includes works on the site.
(z) SUBSTANTIAL COMPLETION of work means that the work
has been executed to such an extent that it can be used
gainfully by the employer and remaining work is minor in
nature not affecting gainful use of the work
(aa) TEMPORARY WORKS are works designed, constructed,
installed and removed by the Contractor which are
needed for construction or installation of the works.
(bb) UNBALANCED RATES: When the rates of any one item
or more quoted by the contractor in the accepted bid are
50% more at variance (either higher or lower) from
departmental rates, that bid will be called unbalanced bid.
(cc) VARIATION is an instruction given by the Engineer which
varies the Works.
(dd) WORKS are what the Contract requires the Contractor to
Construct, install and hand over to the Engineer, as
defined in the Contract data.
2. Interpretation 2.1 In interpreting these conditions of Contract, singular also
means plural, male also means female or neuter, and the other
way around. Headings have no significance. Words have
their normal meanings under the language of the Contract
unless specifically defined. The Engineer will provide
instructions clarifying queries about the Conditions of
Contract.
2.2 If sectional completion is specified in the Contract Data,
references in the Conditions of Contract to the Works, the
Completion Date and intended completion Date, will remain
unchanged and may apply to any section of the Work (other
than references to the Completion Date and Intended
Completion Date for the whole of the work).
2.3 The documents forming the Contract shall be interpreted in
the following order of priority and these shall also form part
of the contract:
(1) Agreement
(2) Letter of Acceptance, notice to proceed with the
works.

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(3) Contractor’s Bid

(4) Contract Data
(5) Conditions of Contract including Special
Conditions of Contract
(6) Bill of Quantities
(7) Specifications
(8) Drawings
(9) Other document listed in the Contract data as
forming part of the Contract.
3. Language of Bid The language of the Contract and the law governing the Contract are
stated in the Contract Data.
4. Engineer to act on Except where otherwise specifically stated, the Engineer will decide
behalf of employer Contractual matters between the Engineer and the Contractor in the
role representing the Employer.
5. Communications Communications between parties, which are referred to in the
in writing conditions, are effective only when in writing. A notice shall be
effective only when it is delivered (in terms of Indian Contract Act).
6. Sub-Contract The Contractor shall, only with the approval of the Engineer in writing,
sub-contract a portion of the contract up to a limit specified in Contract
Data. However, the Engineer is not bound to accept the proposal for sub-
contracting. Sub-contracting will not alter any of the Contractor’s
obligations and responsibilities under the Contract.
7. Personnel 7.1 If the Engineer asks the Contractor to remove a person who is a
member of the Contractor’s staff or his work force stating the
reasons thereof, the Contractor shall ensure that the person
leaves the Site within seven days and has no further
connection with the work in the Contract.
7.2 The Contractor shall employ the key personnel named in
the schedule of key personnel referred to clause 4.2 (ii) B
(b). Engineer will approve any proposed replacement of
key personal only if their qualification, abilities and
relevant experience are substantially equal or better than
those listed in the clause 4.2 (ii) B (b). If contractor fails to
provide key personnel, then Engineer shall ensure proper
supervision through his own staff (additionally deployed)
at the cost of the contractor.
8. Other Contractors 8.1. The Contractor shall cooperate and share the Site with other
contractors, public authorities, utilities, and the engineer.
8.2 The Contractor shall, as referred to in the Contract Data, also

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provide facilities and services for them.

8.3 The engineer may modify the schedule of other contractors and
shall notify the contractor of any such modification.
9. Risks 9.1 Employer’s Risks:- The Employer is responsible for the
expected risks which are: (a) in so far as they directly affect the
execution of the works in India, the risks of war, hostilities,
invasion, act of foreign enemies, rebellion, revolution,
insurrection or military or usurped power, civil war, riot
commotion or disorder (unless restricted to the Contractor’s
employees), and contamination from any nuclear fuel or nuclear
waste or radioactive toxic explosive, or (b) a cause due solely to
the design of the Works, other than the Contractor’s design.
9.2 Contractor’s Risk:- All risks of loss or damage to physical
property and of personal injury and death which arise during
and in consequence of the performance of the Contract and are
the responsibilities of the Contractor.
10. Site The Contractor should have satisfied himself regarding the geological
Investigation Report and hydraulic data in respect of the work. Engineer will not be
responsible if any of the information mentioned in the site
investigation report is found to be at variance with the site conditions
during execution of the work, and consequences thereof, and nothing
extra will be payable to the Contractor on this account.
11.Dewatering The Contractor shall be required to make adequate dewatering
arrangement arrangements to make the area dry for construction work. No separate
payment shall be made to the Contractor for dewatering and the rates
quoted by the Contractor for various items of BOQ shall include
the cost of dewatering unless specific provisions are made in the
BOQ for payment of dewatering. This includes sub soil/surface
dewatering also, if needed to execute the work properly.
12. Queries about The Engineer will clarify queries on the Contract Data.
Contract data
13. Possession of site 13.1 The site may be handed over at the commencement in full,
substantially, or in parts. The schedule of handing over of the site
to the contractor is laid down in the contract data. In the event of
any unavoidable delay on the part of the department in handing
over of the balance site, the contractor shall be entitled to only
extension of time but no compensation, unless specifically
provided otherwise in the contract, shall be payable.
13.2 For seeking time extension on the ground of not handing over the
site, the contactor shall have to give documentary evidence as to

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what part of site was not handed over and the execution of
which part of the work was affected. If the contractor had
sufficient work front and the balance site is handed over in
the meantime, he shall not be entitled to time extension
14. Access to the The Contractor shall allow the Engineer and any person
authorized by Site the Engineer or any other person to perform his duties
required to perform his duties access to the site, to any place where work in
connection with the Contract is being carried out or is intended to be carried out and
to any place where materials or plant are being
manufactured/fabricated/assembled for the works.
15. Start of work 15.1 The Contractor shall construct and install the works in
accordance with the Specification and Drawings.
15.2 The Contractor may commence execution of the works
on the Start Date and shall carry out the works in
accordance with the programme submitted by the
Contractor, as updated with the approval of the Engineer,
and complete them by the Intended Completion Date.
15.2 The Contractor shall be responsible for design of
Temporary Works.
15.3 The Engineers approval shall not alter the Contractors
responsibility for design of the Temporary Works.
15.4 The Contactor shall obtain approval of third parties to the
design of the Temporary Works where required, subject
to approval by Engineer.
15.5 All Drawings prepared by the Contractor for the execution
of the temporary or permanent Works, are subject to prior
approval by the Engineer before their use.
16. Works to be 16.1 The Works are to be completed by the intended
completed by the Completion Date
Intended Date 16.2 The Contractor will commence execution of the works on the
Start Date and shall carry out the works in accordance with the
action program submitted by the Contractor, as updated with the
approval of the Engineer and complete them by the Intended
Completion Date. The completion shall include making the site
good and free from post construction maladies.
17. Instructions 17.1 The Contractor shall carry out all instructions of the Engineer,
which comply with the applicable laws where the site is
located.
17.2 Engineer can delegate any of his duties and responsibilities to

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other people after notifying the Contractor and may

cancel any delegation after notifying the Contractor.
17.3 The Contractor shall cooperate and share the site with
other Contractors, public authorities, utilities.
18. Defect Liability Defect Liability period will be as provided in the Contract
Data. period
19. Safety The Contractor shall be responsible for the safety of all activities on
the Site.
20. Things of Anything of historical or other interest of significant value
historical value unexpectedly discovered on the site is the property of the Engineer.
found at site The Contractor is to notify the Engineer of such discoveries and carry
out the Engineer’s instructions for dealing with them.
21. Environmental The contractor shall, throughout the execution and completion of the
Protection work and the remedying of any defects therein, take all reasonable
steps to protect the environment of the site and to avoid damage or
nuisance to person or to property of the public or others.
22. Insurance 22.1 The Contractor shall provide, in the joint names of the
Employer and the Contractor, insurance cover from the Start
Date to end of the Defects Liability Period, in the amounts
and deductibles stated in the Contract Data for the following
events, which are due to the Contractors risks:
(a) Loss of or damage to the Works, Plants and Materials;
(b) Loss of or damage to Equipment;
(c) Loss of or damage of property (except the Works, Plant,
Materials and Equipment) in connection with the Contract;
and
(d) Personal injury or death.

22.2 Policies and certificates for insurance shall be delivered by the

Contractor to the Engineer for the Engineer’s approval before
the Start Date. All such insurance shall provide for
compensation to be payable in the types and proportions of
currencies required to rectify the loss or damage incurred.

22.3 If the Contractor does not provide any of the policies and
certificates required, the Employer may affect the insurance
which the Contractor should have provided and recover
premium the Employer has paid, from payments otherwise due
to the Contractor or, if no payments are due then premium

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shall be debt due.

22.4 Alterations to the terms of insurance shall not be made without
the approval of the Engineer.
22.5 Both parties shall comply with any conditions of the insurance
policies.
23. Dispute 23.1 If any dispute or difference of any kind what-so-ever arise in
Redressal System connection with or arising out of this contract or the execution
of work or maintenance of the works thereunder, whether
before its commencement or during the progress of works or
after the termination, abandonment or breach of the contract, it
shall, in the first instance, be referred for settlement to the
competent authority, described alongwith their powers in the
contract data above the rank of the Engineer. The competent
authority shall, within a period of forty five days after being
requested in writing by the contractor to do so, convey his
decision to the contractor. Such decision in respect of every
matter so referred shall, subject to review as hereinafter
provided, be final and binding upon the contractor. In case the
work is already in progress, the contractor shall proceed with
the execution of the works, including maintenance thereof
pending receipt of the decision of the authority as aforesaid,
with all due diligence.
23.2 Either of the parties is barred from making reference to the
competent authority after 120 days from completion of work
i.e. the claims will be time barred if the reference to the
competent authority is not made within 120 days from the
completion of work.
23.3 Either Party will have the right of appeal against the decision
of the competent authority, to the Standing Empowered
Committee.
23.4 The Composition for the Empowered Standing Committee will
be:
(a) For the claim up to Rs. 10 lac
(i) One official member, Chairman of the Standing Empowered
Committee, not below the rank of Chief Engineer appointed by
the Haryana Government.

(ii) One official member not below the rank of Superintending

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Engineer.

(iii) One non-official member who will be technical expert of

Superintending Engineer’s levels selected by the contractor
from a panel of three persons given to him by the Employer.

(b) For the claim above Rs. 10 lac.

(i) One official member, Chairman of the Standing Empowered

Committee, not below the rank of Secretary to Govt. of
Haryana or as may be decided by the Government.

(ii) One official member not below the rank of the Chief
Engineer and

(iii) One non-official member who will be technical Expert of

Chief Engineers level selected by the contractor from a
panel of three person given to him by the employer.
23.5 Either of the parties who is not satisfied with the decision of
the competent authority will request to Engineer-in-Chief,
Haryana Irrigation & Water Resources Department, Panchkula
for formation of the Standing Empowered Committee within 45
days of receipt of such decision and will have to deposit 2% of
the claim amount in form of an unconditional FDR pledged in
the name of claimant. The Engineer-in-Chief will get the
Standing Empowered Committee constituted from Govt.
23.6 Either of the parties can appeal to the Standing Empowered
Committee within 45 days after the constitution of the
Standing Empowered Committee is intimated to the parties.
23.7 The Contractor and the Employer will be entitled to present their
case in writing duly supported by documents. If so requested, the
Standing Empowered Committee may allow one opportunity to
the Contactor and the Employer for oral arguments for a specified
period. The Standing Empowered Committee shall give its
decision within a period of ninety days from the date of appeal,
failing which the Contactor can approach the appropriate court for
the resolution of the dispute.
23.8 The decision of the Standing Empowered Committee will be
binding on the Employer for payment of claims up to five
percent of the Initial Contract Price. The Contractor can accept
and receive payment after signing as “in full and final
settlement of all claims”. If he does not accept the decision, he
is not barred from approaching the court. Similarly, if the

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Employer does not accept the decision of the Standing

Empowered Committee above the limit of five percent of
the Initial Contract Price, he will be free to approach the
court applicable under the law.
B. Time Control

24. Programme 24.1. Within the time stated in the Contract Data, the Contractor
shall submit to the Engineer, a work Program along with
PERT/CPM chart, method statement and quality
management plan.
24.2. An update of the Program shall be a Program showing the
actual progress achieved on each activity and the effect of
the progress achieved on the timing of the remaining work
including any changes to the sequence of the activities.
24.3. The Contractor shall submit to the Engineer, for approval,
an updated Program at intervals no longer than the
period stated in the Contract data. If the Contractor does
not submit an updated Program within this period, the
Engineer may withhold the amount stated in Contract
data from the next payment certificate and continue to
withhold this amount until the next payment after the date
on which the overdue Program has been submitted.
24.4. The Engineer’s approval of the Program shall not alter
the Contractor’s obligations. The Contractor may revise
the Program and submit it to the Engineer again at any
time. A revised Program is to show the effect of
variations and compensation events, if any.
25. Extension of the 25.1. The Engineer shall extend the Intended Completion Date if a
Intended Compensation Event occurs or a Variation is issued which
Completion Date makes it impossible for completion to be achieved by the
Intended Completion Date without the Contractor taking steps
to accelerate the remaining work and which would cause the
Contractor to incur additional cost. However Engineer shall
seek approval of competent authority.
25.2. The Engineer shall examine whether and by how much to
extend intended Completion Date within 15 days of the
Contractor asking the Engineer for a decision upon the effect
of a Compensation Event of Variation and refer it for decision
to the Competent Authority and submitting full supporting
information. If the Contractor has failed to give early warning
of a delay or has failed to co-operate in dealing with a delay,

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the delay by this failure shall not be considered in assessing the

new intended completion Date.
25.3. The Competent Authority shall in not more than 30 days
communicate to the Engineer-in-Charge the acceptance or
otherwise of the Engineer’s recommendations. If the
Competent Authority fails to give his acceptance or rejection,
the Engineer shall not grant the extension and the contractor
may refer the matter to the Dispute Redressal System as
provided above.
26. Delays ordered The Engineer may instruct the Contractor to delay the start or
by Engineer progress of any activity within the works.
27. Management 27.1. Either the Engineer or the Contractor may require the
other to Meetings attend a management meeting. The business of a
management meeting shall be to review the plans for remaining work and to deal
with matters raised in accordance with the early warning
procedure.
27.2. The Engineer shall record the business of the management
meeting and is to provide copies of his record to those
attending the meeting and to the competent authority. The
responsibility of the parties for actions to be taken is to be
decided by the Engineer either at the management meeting
or after the management meeting and stated in writing to all
who attended the meeting.
28. Early warning 28.1. The Contractor shall issue early warnings to the Engineer at
the earliest opportunity of specific likely future events or
circumstances that may adversely affect the quality of the
work increase the Contract price or delay the execution
of works. The Engineer may require the Contractor to
provide an estimate of the expected effect of the future
event or circumstance on the Contract price and
completion date. The estimate is to be provided by the
Contractor as soon as reasonably possible.
28.2. The Contractor shall cooperate with the Engineer and consider
proposals of how the effect of such an event or circumstance can
be avoided or reduced by anyone involved in the work and in
carrying out any resulting instruction of the Engineer.
28.3. If the Contractor does not start the work without any
reason, the department will get the work completed at the
risk and cost of the Contractor.

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C. Quality Control
29. Identifying The Engineer shall check the Contractor’s work and notify the
Defects Contractor of any Defects that are found. Such checking shall not
affect the Contractor’s responsibility. The Engineer may instruct the
Contractor to search for a defect and to uncover and test any work
that the Engineer considers may be defective.
30. Tests If the Engineer instructs the Contractor to carry out a test not specified
in the Specifications to check whether any work has a defect and the
test shows that it has, the Contractor shall pay for the test and any
samples. If there is no defect the test shall be a Compensation Event,
and the cost shall be borne by the department as Compensation Event.

31. Correction of 31.1 The Engineer shall give notice to the Contractor of any defects
Defects before the end of the Defects Liability Period, which begins at
completion and is defined in the Contract Data. The Defects
Liability Period shall be extended for as long as the defects
remain to be corrected.
31.2. Whenever a notice of a defect is given, the Contractor
shall correct the notified defect within the length of time
specified by the Engineer’s notice.
32. Uncorrected In the event of the Contractor failing to remedy the defects, or
Defects remove the material that is of inferior quality than the quality
contracted for, within a period specified by the Engineer, on his
demand, then the Contractor shall be liable to pay compensation
which shall be determined by the Engineer, depending on the nature
of defect, provided that it shall not exceed the amount which will be
required to set it right, by the Engineer himself or through an outside
agency whichever is higher.
D. Cost Control
33. Bill of quantities 33.1. The Bill of Quantities shall contain items for the construction,
installation, testing and commissioning work to be done
by the Contractor.
33.2. The Bill of Quantities is used to calculate the Contractor’s
Price. The Contractor is paid for the quantities of the work
done at the rate in Bill of Quantities for each item.
34. Increase in cost If total cost of work exceeds by more than 5% and individual
of works/items quantity for any particular item exceed by more than 50%, the further
execution will be done on the already approved rates after approval
by the competent / sanctioning authority.

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35. Changes in the 35.1. The Engineer shall have the power to make any alterations,
quantities, design, omissions or additions to, or substitutions for, the original
specification and specifications, drawings, designs and instructions that may
payment thereof appear to him to be necessary during the progress of the work
and the Contractor shall carry out the work in accordance with
any instructions which may be given to him in writing signed
by the Engineer and any such alterations, omissions, additions
or substituted work, which the Contractor may be directed to
do in the manner, as specified above as part of the work, shall
be carried out by the Contractor on the same conditions in all
respects on which he agreed to do the main work. The time
for the completion of the work shall be extended in the
proportion that the cost of the altered, additional or substituted
work bears to the original Contract Work and the decision of
the Engineer, after approval from the competent authority,
shall be conclusive to such a proportion or as may be decided
by Engineer defining up on nature of enhanced work. The
rates for such altered, additional or substituted work under
this clause shall be worked out in accordance with the
following provisions in their respective orders.
35.2 If the rates for the reduced, altered, additional or substituted
works, are specified in the Bill of Quantity the Contractor is
bound to carry out the reduced, additional, altered or
substituted work at the same rates as are specified in the
Contract.
35.3 If the rates for the altered, additional or substituted work are
not specifically provided in the Contract for the work, then
such rates will be derived from the rates for a similar class of
work as are specified in the Contract for the work.
35.4 If the rates for the altered, additional or substituted work can
not be determined in the manner specified above, then the
rates for such work/item shall be worked out on the basis of
the Haryana Schedule of Rates plus/minus the percentage of
the total bid amount vis-à-vis the estimated cost of the entire
work put to bid.
35.5 If the rates for such work cannot be determined in any of the
manners specified above, then the Contractor shall, within
seven days of being ordered to carry out such alteration,
addition or substitution, provide to the Engineer with a

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quotation for carrying out such work supported by an analysis

of the rate or rates claimed. This will be carried out only after
the approval of the Competent Authority. However, the
Engineer by notice in writing will be at liberty to cancel his
order to carry out such class of work and arrange to have it
done in such a manner as he considers feasible.
35.6 If the ‘Contractor’s’ quotation is ‘un-responsive’, the
Engineer may order the variation and make a change to
the Contract price which shall be based on Engineer’s own
forecast of the effects of the variation on the Contractor’s
Cost after due approval from the competent authority.
35.7 It will be the responsibility of the Engineer and the
competent authority to ensure that there is no delay in
carrying out the work.
35.8 Notwithstanding what has been stated above, the Contractor
shall not be entitled to any additional payment for costs which
could have been avoided by giving early warning.
35.9 Variations
All Variations shall be included in updated Programmes
produced by the Contractor.
36. Break up of If requested by the Engineer, the Contractor will provide to the
rates Engineer the detailed cost breakdown of any or all Bill of Quantity
items within the period specified.
37.Cash Flow Whenever the Program is updated, the Contractor is to provide the
Forecast Engineer with an updated cash flow forecast.
38. Payment 38.1 The Contractor shall submit to the Engineer monthly
certificates statements of value of works, he considers himself entitled to,
less cumulative amount certified previously, within 10 days of
close of month. In case contractor does not submit with in
prescribed limits, Engineer shall get the monthly statement of
the estimated value of work completed less cumulative amount
prepared by the end of third week of the months. This
procedure will be followed even if no work is carried out at the
site of work and the claim so prepared will be a binding.
38.2 The Engineer shall check the Contractor’s monthly statement
within 14 days of receipt and certify the amount to be paid to
the Contractor. Before certifying so, he shall ensure that all
measurements and check measurements have been carried out.
38.3 The value of work executed shall be determined by the

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Engineer.
38.4 The value of work executed shall comprise the value of
the quantities completed as per the Bill of Quantities.
38.5 The value of work executed shall include the valuation of
variation, and compensation events.
38.6 The Engineer may exclude any item certified in a previous
certificate or reduce the proportion of any previously
certified in any certificate in the light of later information.
38.7 Full rates will be paid in running account bills for the
executed works as per specifications, if any work is found
substandard after quality control tests, deductions, as per
PWD code, will be made from the future running bills or
from retention money and performance security if further
running bill is not due to the contractor.
39. Compensation 39.1 The Contractor shall not be entitled to compensation to the
Events extent that the Engineers interests are adversely affected by the
Contractor not having given early warning or not having
cooperated with the Engineer.
39.2 The following are Compensation Events, for the purpose of
extension in time only, unless they are caused by the
Contractor:
39.2.1 The Engineer, during the currency of the work, orders
a delay beyond 30 days on any account.
39.2.2 The Engineer gives an instruction for dealing with an
unforeseen condition caused by the Engineer or
additional work required for safety or other reasons.
39.2.3 The Engineer unnecessarily delays issuing a certificate
of completion.
39.2.4 Other Compensatory events as given in Contract Data.
39.2.5 The Employer modifies the schedule of other
contractors in a way which affects the work of the
contractor under the contract.
39.2.6 Other contractors, public authorities, utilities or the
Employer do not work within the dates and other
constraints stated in the Contract, and they cause delay
or extra cost to the Contractor.
39.3 If a compensation event would cause additional cost or would
prevent the work being completed by the Intended Completion

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Date, the Intended Completion Date extended and/or the

Contract price shall be increased accordingly. The
Engineer shall, with the approval of the Competent
Authority, decide whether and by how much the Intended
Completion Date be extended and by how much the
Contract price shall be increased.
39.3.1 No Compensation would be payable due to non-
availability of closure of a canal. If the closure is not
made available within the Intended Completion Date,
the Contractor will have the option to complete the
works, with the permission of Competent Authority, in
the extended period subject to provision of 12.5 of ITB
being executed in the extended period.
39.4. As soon as information demonstrating the effect of each
Compensation Event as per the Contractor’s estimate
has been provided by the Contractor, it is to be assessed
for its reasonability by the Engineer (with the approval of
the competent authority) and the Contract Price shall be
adjusted accordingly
39.5 Notwithstanding the determination or non-determination
of the extension of Intended Completion Date and/or the
adjustment of the Contract Price, the Contractor will, with
all due diligence comply with any instructions of the
Engineer to complete any additional work assigned to
him in relation to the Contract.
40. Deductions from The rates quoted by the Contractor shall be deemed to be inclusive of
bills the rates and other taxes on all material that the Contractor will have
to purchase and use for performance of this Contract
40.1. Deduction shall be made from every bill on account of Income
Tax at the rate of 2% plus surcharge thereon or in accordance
with the pronouncement of any cess by the Government from
time to time as applicable.
40.2. Deduction shall also be made from every bill on account of
VAT at source @ 5% + surcharge thereon or as amended from
time to time by the Government of Haryana.
40.3. Building and other Construction Workers Welfare Cess @1%
of the work done will be levied as applicable.
41. Retention 41.1 The Engineer shall retain from each payment due to the
Money/Security Contractor such proportion as stated in the Contract Data until
Deposit completion of the whole of the works.

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41.2 On completion of the whole of the Works, half of the total

amount retained will be repaid to the Contractor and balance half will
be paid when the Defects Liability Period has passed and the
Engineer has certified that all Defects notified by the Engineer to the
Contractor, before the end of this period, have been corrected.
42. Liquidated In case of failure of the contractor for Substantial Completion of
Damages work (Substantial Completion of work means that the work has been
executed to such an extent that it can be used gainfully by the
employer and remaining work is minor in nature not affecting gainful
use of the work) within stipulated period, unless stated to the contrary
elsewhere, amount of liquidated damage for the whole of work is
0.05% of the estimated value per day subject to maximum 10% of
value for the work/final Contract provided that the amount of
Liquidated Damages will not exceed 20% of the value of balance
work after due date of completion so that it is in consonance with
Clause 52 of COC. However no liquidated damages will be levied in
case period for completion of the work is extended by the Competent
Authority. The Engineer may, without prejudice to any other method
of recovery, deduct the amount of such damages from any money due
or to become due to the contractor. The payment or deduction of such
damages shall not relieve the contractor from his obligation to
complete the works or from any other of his obligations and liabilities
under the contract.
43. Price 43.1 Contract price shall be adjusted for increase or decrease in
Adjustment rates and price of cement, steel, fuel lubricants, Bitumen,
labour, plant and machinery spares, local material etc. in
accordance with following principles and procedures and as
per formula given in the Contract Data.
(a) The Price adjustment shall apply for the work done from the
start date given in the Contract data up to the end of the
initial intended completion date or extensions granted by the
Engineer and shall not apply to the work carried out beyond
the stipulated time for reasons attributable to the contractor.
However, rate of various items arrived at after price
adjustment for the last quarter up to the initial intended
completion date or extensions granted by the Engineer shall
remain applicable to the work carried out beyond the
stipulated time for reasons attributable to the contractor.
(b) The price adjustment shall be determined during each
quarter from the formula given in the Contract data.

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Note: The price adjustment will be to the extent that full

compensation for any rise or fall of costs to the Contractor is
not covered by the provisions of this or other clauses in the
Contract. The unit rates and prices included in the Contract
shall be deemed to include amounts to cover the contingency
of such other rise or fall in cost.
44. Cash Flow When the Programme is updated, the contractor is to provide the
Forecasts Engineer-in-Charge with an updated cash flow forecast.
45. Loss or damage 45.1 Loss or damage to the works or materials to be incorporated
to the in the works between the Start Date and the end of the Defects
work/material Correction period shall be remedied by the ‘Contractor at his
own cost’ if the loss or damage arises from the Contractor’s
acts or omissions.
45.2
Provided that the above shall apply even if the works or
materials may have been earlier inadvertently passed,
certified and paid for.
46. Certificate of The Contractor shall request the Engineer to issue a Certificate of
completion Completion of the works and the Engineer will do so upon deciding
that the Work is completed, within 21 days of the receipt of request
or within a reasonable period as per nature of the work.
47. Taking over site The Engineer shall take over the Site and the Works within seven
on completion days of the Engineer issuing the Certificate of Completion.
48. Advance 48.1 The employer shall make advance payment to the Contractor
Payment of the amounts stated in the Contract Data only for works
costing Rs. 1 crore or more by the date stated therein, against
provision of an unconditional Bank Guarantee in a form and
by a bank acceptable to the Employer in amounts and
currencies equal to the advance payment by the Contractor.
The Bank Guarantee shall remain effective until the advance
payment along with interest has been repaid, but the amount
of the Bank Guarantee shall be progressively reduced by the
amounts repaid by the Contractor, Alternatively, the
contractor can ask for substitution of retention money with
free part of the bank guarantee for release of such retention
money from time to time, but in that case Bank Guarantee
shall be got extended by the contractor suitably. Simple
interest will be charged on the advance payments at the rate
of 12% per annum.
48.2 The Contractor is to use the advance payment only to pay for
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required specifically for execution of the works.

48.3 The advance payment shall be repaid by deducting
proportionate amounts from payments otherwise due to the
Contractor, following the schedule of completed percentage
of the works on a payment basis. No account shall be taken
of the advance payment or its repayment in assessing
valuation of work done, variations, price adjustment,
Compensation Events, or Liquidated Damages.
49. Secured advance The Engineer shall make advance payment in respect of materials
intended for but not yet incorporated in the works in accordance with
the conditions stipulated in the Contract Data.
E. FINISHING THE CONTRACT
50. Certificate of 50.1 The Contractor shall supply to the Engineer a detailed account
Final Payment of the total amount that the Contractor considers payable
under the Contract before the end of the Defects Liability
Period. The Engineer shall issue a Defect Correction
Certificate and certify any final payment that is due to the
Contractor within 90 days of receiving the Contract’s account
if it is correct and complete. If it is not, the Engineer shall
issue within 90 days a schedule that states scope of the
corrections or, additions that are necessary. If the final
Account is still unsatisfactory after it has been resubmitted,
the Engineer shall decide on the amount payable to the
Contractor and issue a payment certificate.
50.2 In case of works of irrigation channels, the final payment shall
be released either after testing of the channel during running
for its full supply for two running preferential order turns or
expiry of Defect Liability Period whichever is later. If any
defect is noticed during test running, the same shall have to be
rectified by the Contractor at his own cost.
51. Breach of The Employer or the Contractor may terminate the Contract if the
Contract other party causes a fundamental breach of the Contract.
51.1 Fundamental breaches of Contract include, but shall not be
limited to the following:
(a) the Contractor stops work for 28 days when no stoppage of
work is shown on the current Programme and the stoppage
has not been authorized by the Engineer;
(b) the Engineer instructs the Contractor to delay the progress of
the Works and the instruction is not withdrawn within 28

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days;
(c) the Employer or the Contractor is made bankrupt or goes into
liquidation other than for a reconstruction or amalgamation;
(d) a payment certified by the Engineer is not paid by the
Employer to the Contractor within 56 days of the date of
the Engineer’s certificate;
(e) the Engineer gives Notice that failure to correct a
particular Defect is a fundamental breach of Contract
and the Contractor fails to correct it within a reasonable
period of time determined by the Engineer;
(f) the Contractor does not maintain a security/safety which
is required.
(g) if the Contractor, in the judgment of the Employer has
engaged in corrupt or fraudulent practices in competing
for or in executing the Contract
(h) Non-employment of key personnel as per Clause 4.2 (ii)
B (b) of ITB.
(i) Progress of work is very slow and in the opinion of the
Engineer, the contractor is not likely to complete the
work even within 1½ times of the originally scheduled
construction period without sufficient reasons.
For the purpose of this paragraph “corrupt practice” means
the offering, giving, receiving or soliciting of anything of
value to influence the action of a public official in the
procurement process or in contract execution, “Fraudulent
practice: means a misrepresentation of facts in order to
influence a procurement process or the execution of a
contract to the detriment of the Employer, and includes
collusive practice among Bidders (prior to or after bid
submission) designed to establish bid prices at artificial
non-competitive levels and to deprive the Employer of the
benefits of free and open competition.”
51.2 When either party to the Contract gives notice of a
breach of contract to the Engineer for a cause other
than those listed under Sub Clause 50.1 above, the
Engineer, with the approval of the Competent Authority,
shall decide whether the breach is fundamental or not.
51.3 Notwithstanding the above, the Engineer, with the
approval of the Competent Authority, may terminate the
Contract for convenience.

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51.4 If the Contract is terminated, the Contractor shall stop work

immediately, make the site safe and secure and leave the site
as soon as reasonably possible, as determined by the
Engineer.
52. Consequences of 52.1 If the Contract is terminated because of a fundamental breach
breach of of Contract by the Contractor, the Engineer-in-Charge shall
contract issue a certificate for the value of the work done less advance
payments received up to the date of the issue of the certificate,
less other recoveries due in terms of the contract, less taxes
due to be deducted at source as per applicable law and less the
percentage to apply to the work not completed as indicated in
the Contract Data. Additional Liquidated Damages shall not
apply.
If the total amount due to the Employer exceeds any payment
due to the Contractor the difference shall be a debt payable to
the Employer.
52.2 If the Contract is terminated at the Employer’s convenience or
because of a fundamental breach of Contract by the Employer,
the Engineer-in-Charge shall issue a certificate for the value of
the work done, the cost of balance material brought by the
contractor and available at site, the reasonable cost of removal
of Equipment, repatriation of the Contractor’s personnel
employed solely on the Works, and the Contractor’s costs of
protecting and securing the Works and less advance payments
received up to the date of the certificate, less other recoveries
due in terms of the contract and less taxes due to be deducted
at source as per applicable law.
53. Release from If the Contract is frustrated by the outbreak of war or by any other
Performance event entirely outside the control of either the Engineer or the
Contractor, the Engineer shall certify that the Contract has been
frustrated. The Contractor shall make the Site safe and stop work
as quickly as possible after receiving this certificate and shall be
paid for all work carried out before receiving it and for any works
carried out afterwards to which commitment was made.
54. As built 54.1 If as built drawings and/ or operating and maintenance manual
drawings and the list of materials purchased and the source of purchase
is required, the contractor shall supply them by the dates
stated in the contract data.
54.2 If the contractor does not supply the as built drawings and/or
manuals by the dates stated in the contract data, or they do not
receive the engineer’s approval, the engineer shall withhold

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the amount stated in the contract data from payments

due to the contractor.
55. Retention 6% (six percent) retention money shall be deducted from running
Money bills subject to a maximum of 5% of the agreement amount and 50% of
the retention money so deducted shall be refunded immediately after completion of
work to the satisfaction of Engineer & balance 50% will be released after expiry of the
defect liability period.
However, retention money can be released against
unconditional Bank Guarantee in favour of department valid for
45 days beyond defect liability period.

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SECTION-4

SPECIAL CONDITIONS OF CONTRACT

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SECTION-4
SPECIAL CONDITIONS OF CONTRACT
1. The various works shall be done in line to line level and grade. The periodical checking of these by
the Engineer or Engineer’s representative shall not absolve the Contractor of his responsibility
regarding their accuracy. In case of any deviation or discrepancy in line, level or grade at the
meeting faces, the Contractor shall make good the discrepancy at his own cost and without any
compensation for the additional work, if any involved. The Engineer shall further have right, if need
be, to rectify the discrepancies and recover the cost from the Contractor.

2. All materials, before being incorporated in the work, shall be inspected by the Engineer
or his representative and, if necessary, tested before use. Any work, on which such
materials are used without approval and written permission of the Engineer, is liable to
be considered as defective and not acceptable.
2.1 The day to day and periodical tests, to be carried out on materials, mixes and
placed concrete, etc., shall be specified by the Engineer from time to time and
the Contractor shall allow all the facilities and cooperation towards collections of
samples etc. All labour for collecting samples for tests will be supplied by the
Contractor free of cost to the Engineer. Testing charges shall be borne by the
Contractor in all cases. Transportation of work samples from work site to and fro
from the laboratory shall be arranged by the Contractor at his own cost.
2.2 An authorized representative of the Contractor shall remain present at the time when the
samples are taken and shall authenticate the facts, if so required. If the Contractor’s
representative fails to be present as aforesaid, the samples or cores, etc. as are taken
by the Engineer or his representatives shall be considered to be authentic. The
Contractor will however be informed of the details of such samples having been taken.
2.3 The materials, mixes and the cores shall be tested day to day and periodically at the
laboratory and the results given thereby shall be considered correct and authentic by the
Contractor. The Contractor shall be given access to all operations and tests that may be
carried out as aforesaid so that he may satisfy himself regarding the procedure and

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method adopted. It shall then be the Contractor’s responsibility to produce the works,
materials and finished item to the standards based on the laboratory design and tests.
2.4 The methods of sampling, testing, procedures and standards shall be laid down
by the Engineer from time to time.
2.5 The quality and quantity of material shall be the responsibility of the Contractor,
irrespective of the test results being good.
3. Arrangement of water and electric power, etc. required by the Contractor for the work
shall be made by him at his own cost. Engineer will, however, recommend to the
concerned State Electricity Utilities for providing the connection and power to the
Contractor, however, the Engineer will bear no responsibility in this respect.
3.1 Contractor shall not be allowed to start the work till Engineer is satisfied with the proper
arrangement of good quality water for execution of work including curing for 28 days.
For this, the Contractor shall have to construct water storage tanks of sufficient capacity.
No extra payment shall be made on this account. Any delay in execution of work due to
non-availability of sufficient water will be responsibility of the Contractor.
4. The Contractor shall not set fire to any standing jungle, trees, ‘bush’ wood or grass
without a written permission from the Engineer.
4.1 When such permission is given and also in all cases when destroying of dug trees,
bush wood, grass, etc. by fire the Contractor shall take necessary measures to
prevent such fire spreading to or otherwise damaging surrounding property.
4.2 Any damage caused by the spreading of such fire, whether in or beyond limits of
the Engineer’s property shall be made good by the Contractor within a period
specified by the Engineer or in default the amount of the damage shall be
recovered by the Engineer from the Contractor’s bill as damages or deducted by
any other duly authorized officer from any sums that may be due or become due
from the Employer to the Contractor under the Contract or otherwise.
4.3 The Contractor shall bear the expenses of defending any action of law
proceedings that may be brought by any person by injury sustained owing to
neglect of precautions to prevent the spread of fire and shall pay any damage,
and cost that may be awarded in consequence.

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5. The Engineer may order the Contractor to suspend any work that may be subject to
damage by climatic conditions and no claim of the Contractor will be entertained by the
Engineer on this account.
6. A site order book shall be kept on the site of the work. As far as possible, all orders, regarding
the work are to be entered in this Book. All entries therein shall be signed by the Engineer or his
authorized representative and the Contractor or his authorized representative. In important
cases, the Engineer will countersign the entries which have been made. The site order book
shall not be removed from the work site except with the written permission of the Engineer and
the Contractor or his representative shall be bound to take note of all instructions and directions
meant for the Contractor as entered in the site order book without having to be called on
separately to note them. The authorized representative of the Engineer shall submit periodically
copies of the remarks in the site order book to the Engineer for record and to the Contractor for
submitting compliance report.
7. The Contractor shall confirm to the regulations, bye-laws or any other statutory rules
made by any local authority or by the Government and shall protect and indemnify the
Engineer against any claims or liability arising from or based on the violations of any
such laws, ordinance, regulations, orders and decrees, etc.
8. The Contractor shall make his own arrangement for supply of all materials including
cement and steel. The Contractor shall be responsible for all transportation and storage
of the materials at site and shall bear all the related costs. The Engineer shall be
entitled, at any time, to inspect or examine all such materials. The Contractor shall
provide reasonable assistance for inspection or examination as may be required.
8.1 The Contractor shall keep an accurate record for use of materials like cement and steel
used in the works in a manner prescribed by the Engineer.
8.2 Large stock of cement shall not be kept at the work site but only sufficient quantities
shall be kept to ensure continuity of the work. The Contractor shall provide and maintain
efficient water proof storage sheds for cement on the site of work. It shall be stacked on
the platform 30 cm above the floor level and shall be covered with tarpaulin or any other
impervious covering material in order to protect the cement bags from moisture. The
cement shall be neatly stacked in an orderly manner so as to allow an easy access and

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count. The arrangement of storage and utilization shall be such as to ensure the
utilization of cement in order of its arrival at the stores and the Contractor shall
maintain satisfactory records which would at any time show the date of receipt
and proposed utilization of cement lying in the stores at site.
9. The Contractor shall comply with all labour laws, rules and regulations thereof as
applicable from time to time in respect of the labour engaged directly or indirectly on the
work by him or through his sub-Contractor.
10. The Contractor shall, so for as reasonably practicable, having regard to local conditions,
provide on the site, to the satisfaction of the Engineer, an adequate supply of drinking
and other water for the use of the Contractor’s staff and work force.
11. At every workplace at which 50 or more women workers are ordinarily employed there
shall be two huts for use by children under the age of 6 years belonging to such
women. One hut shall be used for infants to play and other for bed rooms. The huts
shall not be constructed on a lower standard than the following:-
(i) Thatched roofs over tin roofs.
(ii) Mud floors and walls of bricks
(iii) Plants spread over the mud floor and covered with matting.
(iv) The huts shall be provided with suitable and sufficient openings for light and ventilation.
There shall be adequate provision of sweepers to keep the places clean. Adequate
arrangement for toilet facilities and fuel will be made by Contractor for labour at site.
12. The Contractor shall also construct and equip at his cost a working office with electricity
and water arrangement for site Engineer.
13. The contractor shall also provide instruments for setting up field laboratory at his own
cost to site Engineer. No separate payment shall be made for this.
14. The Contractor shall pay not less than fair-wages to the labour engaged in his work
directly by him or through his sub-Contractor. Fair wage would mean the wage, whether
for the whole or piece work, as notified from time to time and where such wage
prescribed by the District Authorities of the district in which the work is done.
15. The Engineer shall have the right to deduct from the money due to Contractor any sum required

or estimated to be required for making good the loss suffered by a worker or workers by reason

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of non-fulfillment of the condition of Contract for the benefit of the workers vis-à-vis the
Haryana Government, the Contractor shall be primarily liable for all payments to be
made under and for the observance of the rules, regulations and labour law without
prejudice to his right to claim indemnity from his sub-Contractor.
17. Force Majeure
Neither party shall be liable to each other, for any loss or damages, occasioned by or
arising out of acts of God such as unprecedented floods, volcanic eruptions,
earthquakes or other invasion of nature and other such acts.
18. Cement contents
Actual cement required for the aggregates in concrete to be used shall be determined
by laboratory test while designing the concrete mixes. If the cement contents of the
design mix of that grade come less than the provision of cement contents provided in
the Haryana Scheduled of Rates, (with latest amendments) due to durability conditions,
the cement contents as provided in the Haryana Schedule of Rates shall be used and
no extra payment on this account shall be made to the contractor.
19. Labour
The Contractor shall, unless otherwise provided in the Contract, make his own arrangement for
the engagement of all staff and labour, local or other, and for their payment, housing, feeding
and transport. The Contractor shall, if required by the Engineer, deliver to the Engineer a return
in detail, in such form and at such intervals as the Engineer may prescribe, showing the staff
and the numbers of the various classes of labour from time to time employed by the Contractor
on the site and such other information as the Engineer may require.
20. Compliance with labour regulations
During continuance of the contract, the Contractor and his sub contractors shall abide at all time
by all existing labour enactments and rules made there under, regulations, notifications and bye
laws of the State or Central Government or local authority and any other labour law (including
rules), regulations, bye laws that may be passed or notification that may be issued under any
labour law in future either by the State or the Central Government or the local authority. Salient
features of some the major labour laws that are applicable to construction industry are given
below. The Contractor shall keep the employer indemnified in case any action is taken against

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the Employer by the competent authority on account of contravention of any of the

provisions of any Act or rules made there under, regulations or notifications including
amendments. If the Employer is caused to pay or reimburse, such amounts as may be
necessary to cause or observe, or for non-observance of the provision stipulated in the
notifications/ bye laws/ Acts/ Rules/ regulations including amendments, if any, on the
part of the Contractor, the Engineer/ Employer shall have the right to deduct any money
due to the Contractor including his amount of performance security. The Employer/
Engineer shall also have right to recover from the Contractor any sum required or
estimated to be required for making good the loss or damage suffered by the Employer.
The employees of the Contractor and the Sub-Contractor in no case shall be treated as
the employees of the Employer at any point of time.
Salient features of some major labour laws applicable to establishments engaged in
building and other construction work.
(i) Workmen Compensation Act 1923: The Act provides for compensation in case of
injury by accident arising out of and during the course of employment.
(ii) Payment of Gratuity Act 1972: Gratuity is payable to an employee under the Act to
satisfaction of certain conditions on separation if an employee has completed 5 years
service or more or on death at the rate of 15 days wages for every completed year of
services. The Act is applicable to all establishments employing 10 or more employees.
(iii) Employees Provident Fund and Miscellaneous Provision Act 1952: The Act
Provides for monthly contributions by the employer plus worker @ 10% or
8.33%., whichever is applicable. The benefits payable under the Act are:-
(a) Pension or family pension on retirement or death, as the case may be.
(b) Deposit linked insurance on the death in harness of the worker.
(c) Payment of Provident Fund accumulation on retirement/ death etc.
(iv) Maternity Benefit Act: The Act provides for leave and some other benefits to
women employees in case of confinement or miscarriage etc.
(v) Contract Labour (Regulation & Abolition Act 1970): The Act provides for certain welfare

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.

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The Principal Employer is required to take Certificate of Registration and the

Contractor is required to take license from the designated Officer. The Act is
applicable to the establishments or Contractor of Principal Employer if they
employ 20 or more contract labour.
(vi) Minimum Wages Act 1918: The Employer is supposed to pay not less than the
Minimum Wages fixed by appropriate Government as per provision of the Act if
the employment is a scheduled employment Construction of Buildings, Roads,
Runways and irrigation structures are scheduled employments.
(vii) Pay 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.
(viii) Equal Remuneration Act 1979: The Act provides for payment of equal wages for
work of equal nature to Male and Female workers and for not making discrimination
against Female employees in the matters of transfers, training and promotions etc.
(ix) Payment of Bonus Act 1965: The Act is applicable to all establishment employing 20
or more employees. The Act provides for payments of annual bonus subject to a
minimum of 8.33% of wages and maximum of 20% of wages to employees drawing
Rs. 3500/- per month or less. The bonus to be paid to employees getting Rs. 2500/-
per month or above up to 3500/- per month shall be worked out by taking wages as
Rs. 2500/- per month only. The Act does not apply to certain establishment. The
newly set up establishments are exempted for five years in certain circumstances.
Some of the State Governments have reduced the employment size from 20 to 10
for the purpose of applicability of this Act.
(x) Industry Disputes Act 1947: The Act laying down the machinery and procedure
for resolution of Industrial disputes, in what situations a strike or lockout
becomes illegal and what are the requirements for laying off or retrenching the
employees or closing down the establishment.
(xi) Industrial Employment (Standing Orders) Act 1946: It is applicable to all establishments

employing 100 or more workmen (employment size reduced by some of the State and

Central Government to 50). The Act provides for laying down rules governing the

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conditions of employment by the Employer on matters provided in the Act and get the
same certified by the designated Authority.
(xii) Trade Union 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.
(xiii) Child Labour (Prohibition & Regulation) Act 1986: The Act prohibits employment of
children below 14 years of age in certain occupations and processes and provides for
regulation of employment of children in all other occupation and processes. Employment
of Child Labour is prohibited in Building and Construction Industry.
(xvi) Inter-State Migrant workmen’s (Regulation of Employment & Conditions of Services)
Act 1979: The Act is applicable to an establishment which employs 5 or more inter-
state migrant workmen through an intermediary (who has recruited workmen in one
state for employment in the establishment situated in another state). The Inter-State
migrant workmen, in an establishment to which this Act becomes applicable, are
required to be provided certain facilities such as housing, medical aid, traveling
expenses from home up to the establishment and back, etc.
(xv) The Building Other Construction workers (Regulation of Employment and Conditions
of Services) Act 1996 and the Cess Act 1996: All the establishment who carry on
any building or other construction work and employs 10 or more workers are
covered under this Act. All such establishments are required to pay cess at the rate
not exceeding 2% of the cost of construction as may be modified by the
Government. The Employer of the establishment is required to provide safety
measures at the Building or construction work and other welfare measures, such as
Canteens, First Aid facilities, Ambulance, Housing accommodation for workers near
the work place etc. The Employer to whom the Act applies has to obtain a
registration certificate from the Registering Officer appointed by the Government.
(xvi) Factories Act 1948: The Act lays down the procedure for approval at plans before setting up

a factory, health and safety provisions, welfare provisions, working hours, annual earned

leaves and rendering information regarding accident or dangerous occurrences to

designated authority. It is applicable to premises employing to persons or more with aid

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of power or 20 or more persons without the aid of power engaged in manufacturing

process.
21 Protection of Environment
The contractor shall take all reasonable steps to protect the environment at and off the Site
and to avoid damage or nuisance to persons or to property of the public or others resulting
from pollution, noise or other causes arising as a consequence of his methods of operation.
During continuance of the contract, the contractor and his sub-contractors shall abide at all
times by all existing enactments on environmental protection and rules made there under,
regulations, notifications and by laws of the State or Central Government or local authorities
and any other law, bye law, regulations that may be passed for notification that may be issued
in this respect in future by the State or Central Government or the local authority.
Salient features of some of the major laws that are applicable are given below:
(i) The water (Prevention and Control of Pollution) Act 1974: This provides for the
prevention and control of water pollution and the maintaining and restoring of
wholesomeness of water. ‘Pollution’ means such contamination of water or such
alternation of physical, chemical or biological properties of water or such
discharge of any sewage or trade effluent or of any other liquid, gascous or solid
substance into water (whether directly or indirectly) as may, or is likely to, create
a nuisance or render such water harmful or injurious to public health or safety, or
to domestic, commercial, industrial, agricultural or other legitimate uses, or to the
life and health of animals or plants or of aquatic organisms.
(ii) The Air (Prevention and Control of Pollution) Act 1981: This provides for prevention, control
and abatement of air pollution. ‘Air Pollution’ means the presence in the atmosphere of any
‘air pollutant’, which means any solid, liquid, or gascous substance (including noise) present
in the atmosphere in such concentration as may be or tend to be injurious to human beings
or other living creatures or plants or property or environment.

(iii) The Environment (Protection) Act 1986: This provides for the protection and
improvement of environment and for matters connected therewith, and the prevention of
hazards to human beings, other living creatures, plants and property. ‘Environment’
includes water, air and land and the interrelationship which exists among and between

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water, air and land, and human beings, other living creatures, plants, micro-organism and

property.
(iv) The Public Liability Insurance Act 1991: This provides for public liability insurance for the
purpose of providing immediate relief to the persons affected by accident occurring
while handling hazardous substances and for matters connected herewith or incidental
thereto. Hazardous substance means any substance or preparation which is defined as
hazardous substance under the Environment (Protection) Act 1986, and exceeding such
quantity as may be specified by notification by the Central Government.
22. Substantial Completion

(a) If any part of the Permanent Works has been substantially completed and has
satisfactorily passed any Test on Completion prescribed by the Contract, the
Engineer may issue a Taking Over Certificate in respect of that part of the
Permanent Works before completion of the whole of the Works and, upon the
issue of such Certificate, the Contractor shall be deemed to have undertaken to
complete with due expedition any outstanding work in that part of the Permanent
Works during the Defects Liability Period.
(b) When the whole of the Works have been substantially completed and have satisfactorily
passed any Tests on Completion prescribed by the Contract, the Contractor may give a
notice to that effect to the Engineer, with a copy to the Employer, accompanied by a
written undertaking to finish with due expedition any outstanding work during the
Defects Liability Period. Such notice and undertaking shall be deemed to be a request
by the Contractor for the Engineer to issue a Taking-Over Certificate in respect of the
Works. The Engineer shall, within 21 days of the date of delivery of such notice, either
issue to the Contractor, with a copy to the Employer, a Taking-Over Certificate, stating
the date on which, in his opinion, the Works were substantially completed in accordance
with the Contract, or give instructions in writing to the contractor specifying all the work
which, in the Engineer's opinion, is required to be done by the Contractor before the
issue of such Certificate. The Engineer shall also notify the Contractor of any defects in
the Works affecting substantial completion that may appear after such instructions and
before completion of the Works specified therein. The Contractor shall be entitled to
receive such Taking-Over Certificate within 21 days of completion, to the satisfaction of
the Engineer, of the Works so specified and remedying any defects so notified.

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SECTION-5

CONTRACT DATA

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SECTION 5

CONTRACT DATA

1. The Employer is
Name : Governor of Haryana through………. [Cl 1.1 of COC]
Address : Executive Engineer, Gohana W/S Division, Gohana
2. Name of the Engineer: Navtej Sihag [Cl 1.1 of COC]
Address : Executive Engineer, Gohana W/S Division, Gohana
3. Names of Authorized Representatives of the Engineer:- SDO, Gohana W/S Sub
Division Gohana [Cl 1.1 of COC]
4. The Name and identification number of the Contract is ………………………………..
Internal clearance of ---------------------------------------------. (Insert name and

number as indicated in the Invitation for Tenders.)

The work consist of Internal clearance of -----------------------------------------------. (Brief
summary, including relationship to either Contact under the project)
5. The intended start Date shall be: ………………………………………. [Cl 1.1 of COC]
6. The Intended Completion Date for the whole of the Work is shall be 20 days[Cl 1.1 of COC]

7. Milestone dates:
Milestone 1 i.e. 25% date……… in 5 days (whole work upto a value of 20%)
Milestone 2 i.e. 50% date …….…in 10 days (whole work upto a cumulative value
of 45%) Milestone 3 i.e. 100% date ………… in 20 days (Complete works)
8. The following documents also form part of the Contract: i.e. undertaking of the bidder, if any
………………………………………….…………………………… [Cl 2.3 of COC]
9. The Contractor shall submit a programme for the work within 21 days of delivery of the letter of
Acceptance. The period between Program update shall be 60 days. [Cl 22of COC]

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10. The site possession dates shall be within 10 days of execution of Contract.
[Cl 13of COC]
The site is located at Near village-----------.
And is shown in drawing No………………………………………………………………………
11. The Defects liability period shall be 90 days for works costing upto Rs. 50 lacs and 180 days for
works costing above Rs. 50 Lacs, except for pucca works, for which it shall be 1 year from the
date of issue of completion certificate. [Cl 1.1 and 18of COC]
12. The minimum insurance cover for physical property, injury and death is Rs.5 lacs per occurrence
with the number of occurrences limited to four. After each occurrence, contractor will pay

additional premium necessary to make insurance valid for four occurrences always. Engineer
will be indemnified against any risk. Insurance will be taken in joint names of the Engineer and
Contractor and a copy will be lodged with the Engineer. [Cl 22 of COC]
13. The following events shall also be Compensation Events. [Cl 1.1 and 40 of COC]
(Cross out if not applicable)
(i) Substantially adverse ground conditions encountered during the course of execution of
work not provided for in the bidding document.
(ii) Removal of underground utilities detected subsequently.
(iii) Removal of unsuitable material like marsh, debris, dumps, etc not caused by the
contractor and not included in the BOQ.
(iv) Presence of historical, archeological or religious structures, monuments interfering with
the works detected later on.
(v) Restriction of access to ground imposed by civil, judicial, or military authority.
(vi) None handing over of all the parts of the site to the contractor.
(vii) If no defect is found in a test as directed by Engineer outside the specific tests as per
Clause 30.
14. The Proportion of payment retained (retention money):6% from each bill subject to a maximum

of 5% of the bid amount. [Cl 41 of COC]

15. Liquidated damages for the whole of the works are:
The amount of liquidated damage for the whole of work is 0.05% of the estimated value per day

subject to maximum 10% of value for the work/final Contract provided that the amount of

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Liquidated Damages will not exceed 20% of the value of balance work after due date of
completion. [Cl 42 of COC]
16. Percentage for the work not completed will be 20%. [Cl 52 of COC]
17. The standard form of Performance Security acceptable to the Employer shall be an
unconditional Bank Guarantee of the type as presented in the Bid Document.
18. Jurisdiction of Court:
In the event of any matter concerning this Contract, the Competent Court shall be the court
having jurisdiction over the place where the agreement was executed.
19. The laws, which apply to the contract, are the laws of the land. [Cl 3 of COC]
20. The language of the Contract documents is English. [Cl 3 of COC]
21. Limit of subcontracting [not more than 50% of the initial contract price] [Cl 6 of COC]
22. Limit of Joint Venture [not less than 10 crore of the cost of invited bid]. [Cl 34 of ITB]
23. The currency of the Contract is Indian Rupees. [Cl 14of ITB]
24. As built drawings
The date by which “as built” drawings (in scale as directed) in 2 sets are required is within 28 days

amount to be withheld for failing to supply “as built” drawing by the date required equal
to 0.25% of Contract Price. [Cl 54 of COC]
25. Price Adjustment clause: [Cl 43 of COC]
The formula (C) for adjustment of price is”

R= Value of work executed during the quarter concerned

Adjustment for cement components:

of issue of certificate of completion of whole or section of the work, as the case may be.The

(i) Price adjustment for increase or decrease in the cost of cement procured by the
Contractor shall be paid in accordance with the following formula:-
Vc = 0.85 X Pc/ 100 X R X (Ci-Co) / Co
Vc = Increase or decrease in the cost of work for during the quarter under
consideration due to changes in rates for cement.
Co = The all India average wholesale price index for cement for the quarter
preceding the date of opening of bids as published by Ministry of
Industrial Government of India, New Delhi.

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Ci = The all India average wholesale price index for cement for the quarter under
consideration published by Ministry of Industrial Government of India,
New Delhi.
Pc = Percentage of cement component of the work.
Adjustment for steel components:
(ii) Price adjustment for increase or decrease in the cost of steel procured by the
Contractor shall be paid in accordance with the following formula:-
Vs = 0.85 X Ps/ 100 X R X (Si-So) / So
Vs = Increase or decrease in the cost of work during the quarter under
consideration due to changes in rates for steel.
So = The all India average wholesale price index for steel (Bar & Rods) for the
quarter proceeding the date of opening of bids as published by Ministry of
Industrial Development Government of India, New Delhi.
Si = The all India average wholesale price index for steel (Bar & Rods) for the
quarter under consideration as published by Ministry of Industrial
Development Government of India, New Delhi.
Ps = Percentage of steel component of the work.
Note: For the application of this clause, index (Bar & Rods) has been chosen to
represent steel groups.
Adjustment of POL (Fuel & lubricants) Components.
(iii) Price adjustment for increase or decrease in the cost of POL (Fuel & Lubricants)
shall be paid in accordance with the following formula:
Vf = 0.85 X Pf/ 100 X R X (Fi-Fo) / Fo
Vf = Increase or decrease in the cost of work during the quarter under
consideration due to changes in rates for fuel & lubricants.
Fo = The average official retails price of high speed diesel (HSD) at the existing
consumer pump of IOC on the days prior to the date of opening of bids.
Fi = The average official retails price of high speed diesel (HSD) at the existing
th
consumer pump of IOC on the 15 day of the middle calendar month of
the quarter under consideration.

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Pf = Percentage of fuel & lubricants components of work.

Note: For the application of this clause, the price of high speed diesel oil has been
chosen to represent fuel & lubricant groups.

Adjustment of Bitumen component

(iv) Price adjustment for increase or decrease in the cost of bitumen shall be paid in
accordance with the following formula:
Vb = 0.85 x Pb/100 x R x (Bi-Bo)/Bo
Vb = Increase or decrease in the cost of work during the quarter under
consideration due to changes in rates for bitumen.
Bo = The average official retails price of bitumen at the LOC depot at Mathura on
the day 30 days prior to the date of opening of bids.
Bi = The average official retails price of bitumen at the IOC depot at Mathura on the
th
day 15 day of the middle calendar month of the quarter under consideration.
Pf = Percentage of bitumen components of work.
Adjustment for labour component
(iv) Price adjustment for increase or decrease in the cost due to labour shall be paid
in accordance with the following formula:
VL = 0.85 X Pl/ 100 X R X (Li-Lo)/ Lo
VL = Increase or decrease in the cost of work during the quarter under
consideration due to changes in rates for local labour.
Lo = The average consumer price index for industrial workers for Chandigarh
centre for the quarter preceding the date of opening of Bids as published
by Labour Bureau, Ministry of Labour, Government of India.
Li = The average consumer price index for industrial workers for Chandigarh
centre for the quarter under consideration as published by Labour Bureau,
Ministry of Labour, Government of India.
Pl = Percentage of labour component of the work.

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Adjustment for Plant and Machinery spares component

(v) Price adjustment for increase or decrease in the cost Plant and Machinery spares
procured by contractor shall be paid in accordance with the following formula:
Vp= 0.85XPp/100XRX (Pl-Po) Po
Vp= Increase or decrease in the cost of work during the quarter under consideration
due to charges in the rates for plant & machinery spares.
Po= The all India average wholesale price index for heavy machinery and parts for the

quarter preceding the date of opening of Bids as published by the Ministry of

Industrial Development, Government of India, New Delhi.
Pi= The all India average wholesale price index for heavy machinery and parts for the

quarter under consideration as published by the Ministry of Industrial

Development, New Delhi.
Pp= Percentage of plant and machinery spares component of all the work.
Note: For the application of this clause, Index of heavy machinery and parts has been
chosen to represent the plant and machinery spares group.
Adjustment for Local Material
(vi) Price adjustment for increase or decrease in the cost Local Material other than
cement, steel, bitumen and POL procured by contractor shall be paid in
accordance with the following formula:
Vm= 0.85XPm/100XRX (Mi-Mo)/Mo

Vm= Increase or decrease in the cost of work during the quarter under consideration
due to charges in the rates for local material other than cement, steel, bitumen and
POL.
Mo= The all India average wholesale price index (all commodities) for the quarter
preceding the date of opening of Bids as published by the Ministry of Industrial
Development, Government of India, New Delhi.
Mi= The all India average wholesale price index (all commodities) for the quarter
under consideration as published by the Ministry of Industrial Development, New
Delhi.

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Pm= Percentage of local material component (other than cement, steel, bitumen and
POL) of all the work.
Percentage of various items of particular work shall be decided by the authority
Competent to sanction the estimate in consultation with engineer-in-charge
before calling of tenders and these will be filled in against item as under:-
CementPc ……………….
SteelPs ……………….
LabourPl ……………….
Bitumen Pb ……………….
POL Pf ……………….
Plant & Machinery spares Pp ……………….
localMaterial Pm ……………….
Total 100%
26. Mobilization Advance, Machinery Advance and Secured Advance [Cl 48 of COC]
Advances:
Sr. Name of Advance Amount (in Rs.) Conditions to be fulfilled
No.
1. Mobilization 5% of the contract On submission of un conditional Bank
price Guarantee (to be drawn before end of 20%
of contract period).
2. Secured advance for 75% of Invoice a) The material are in accordance with the
non-perishable value or market specification for works.
materials brought to value-lower of the b) Such material have been delivered to
site. two. site and are properly stored and
protected against damage to
satisfaction of the Engineer. The
contractor shall store the bulk material
in measurable stacks.
c) The Contractor’s records of the
requirements, orders, receipts and use
of materials are kept in and such
records shall be available for
inspection by the Engineer.
d) The Contactor has submitted with his
monthly statement the estimated value
of the materials on site with such
documents as may be for purpose for

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valuation of the material and

providing evidence of ownership and
payment thereof.
e) Ownership of such materials shall
deemed to vest in the Employer for
which the Contractor has submitted
an Indemnity Bond in an acceptable
format; and
f) The quantity of materials are not
excessive and shall be used within a
reasonable time as determined by the
Engineer
3 Machinery Advance Maximum 5% of the For works costing more than Rs.10.00 crores,
contract price or such limit as may be prescribed by the
Government from time to time, another
interest bearing machinery advance to a
maximum of 5% of the contract price,
depending on merits of the case, can be given
with the approval of the Competent Authority
against the new key construction equipment
brought to the site, if a written request is made
by the contractor.
The advance shall be paid only upon the
contractor furnishing (i) an affidavit that the
machinery in question is free of any charge or
hypothecation with any bank or financial
institution: (ii) unconditional and irrecoverable
bank guarantee(s) (iii) satisfactory proof of
purchase/payment of the machinery, and (iv) a
written undertaking that the equipment so
purchased by him is required for use on the
work in question, is fully serviceable shall
work only on that job and shall not be removed
from the site without obtaining written
approval of the Engineer-In-Charge. The
recovery of machinery advance and the
interest to be charged thereon shall be as per
tender document. Interest @Prime Lending
Rate (PLR) of SBI prevalent at the time of
tender per annum shall be charged against the
machinery advance given to he contractor.
The recovery of the machinery advance
together with interest shall be done through
percentage deductions from interim/running
payments, in the manner prescribed in the
contract. It shall be desirable to recover the
total amount of machinery advance alongwith

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interest within 80% of the time stipulated for

completion. The mobilization bank guarantee
shall be released after the recovery of full
machinery advance, including interest thereon.
4 Bank Guarantee The bank guarantee shall be unconditional,
requiring the bank to pay the beneficiary the
sum specified in the guarantee on the first
demand and without demur, and without
reference to the party on whose behalf it has
been issued, notwithstanding any dispute or
disagreement that might have arisen between
the employer and the contractor. The form of
bank guarantee shall be prescribed by the
department.
It shall be the duty of the Engineer-In-Charge
to obtain independent confirmation about the
genuineness of the bank guarantees directly
from the bank issuing them. Further, he shall
keep them in safe custody and hand them over
to his successor when a change of charge takes
place. Details of bank guarantees shall be
entered into a register which shall be reviewed
every month to ensure timely action in respect
of renewal of any guarantee, if required,
before it expires.

(The advance payment will be paid to the Contractor no later than 28 days after fulfillment of the above
conditions)
27. Repayment of advance payment for mobilization and equipment: [Cl 48 of
COC]

The advance loan shall be repaid with percentage deductions from the interim payments
certified by the Engineer under the Contract. Deductions shall commence in the next
Interim Payment Certificate following that in which the total of all such payments to the
Contractor has reached not less than 20 per cent of the contract or 6 (Six) months from the
date of payment of first installment on advance, whichever period concludes earlier, shall
be made at such rate from all Interim Payment Certificate that the loan and interest thereon
shall be completely repaid prior to the expiry of the original time for completion.
29. Repayment of secured advance: [Cl 49 of COC]
The advance shall be repaid from each succeeding monthly payments to the extent
material for which advance was previously paid have been incorporated into the works.

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FORM OF BANK GUARANTEE FOR BID SECURITY

WHEREAS………………………… [name of Bidder] (hereinafter called “the Bidder”) has

submitted his Bid dated……………………………[date] for the construction
of…………………………[name of Contract] (hereinafter called “the Bid”)

KNOW ALL PEOPLE by these presents that We…………………….[name of bank]

of…………………..[name of place] having our registered office at……………………
(hereinafter called “the bank”) are bound unto Executive Engineer
……………………………..[name of Engineer] (hereinafter called “the Engineer”) in the sum
of…………………………………………….(A) for which payment well and truly to be made to
the said Engineer, the bank binds himself, his successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this…………………..…..day of…………..20….

THE CONDITIONS of this obligation are:

(1) If after Bid opening, the Bidder withdraws his Bid during the period of Bid validity
specified in the form of Bid; or
(2) If the Bidder having been notified of the acceptance of his Bid by the Engineer
during the period of Bid Validity:
(a) fails or refuses to execute the form of Agreement in accordance with the
instructions, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with
instructions.
(c) does not accept the correction of the Bid Price pursuant to Clause-24 ITB

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(e) where it is discovered at any stage before and even during the currency of
work, if allotted to the Contractor, that he has made misleading or false
statements in order to get the work allotted.
We undertake to pay to the Engineer the above amount upon receipt of his first written demand,
without the Engineer having to substantiate his demand, and without cavil or argument, without his
needing to prove or to show grounds or reasons for his demand for the sum specified.
We hereby waive the necessity of the Engineer demanding the said debt from the Contractor
before presenting us with the demand, provided that the Engineer will note that the amount
claimed by him is due to the occurrence of any one or more conditions, specified above.
This Guarantee will remain in force upto and including the date………………(B) days after the
deadline for submission of Bids as such deadline is stated in the instructions or as it may be
extended by the Engineer, notice of which extension(s) to the Bank is hereby waived. Any
demand in respect of this Guarantee should reach the Bank not later than the above date.

DATE…………………… SIGNATURE OF THE BANK …………………………

WITNESS……………………………………
SEAL………………………………………..

[Signature, name and address]

(A) The Bidder should insert the amount of the guarantee in words and figures
denominated in Indian Rupees. This figure should be the same as shown in Column 4
of the table shown in the detailed notice inviting tenders.

(B) …….Days after the end of validity period of the Bid. No.of Days/Date should be inserted
by the Engineer, before issue.

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FORM OF PERFORMANCE BANK GUARANTEE

To:
The Executive Engineer, …………………………..............…..Division [Name of the
Engineer]………………………………….......................………........…….......…………[Address of
the Engineer]

Whereas…………………………[name and address of the Contractor]( hereinafter called the

“Contractor”) has undertaken, in pursuance of Contract No……….................................…… dated
………........…….. to execute …………............................................………….[name of Contract
and brief description of Works] (hereinafter called “the Contract”);

And whereas it has been stipulated by you in the said Contract that the Contractor shall furnish
you with a Bank Guarantee by a recognised scheduled bank for the sum specified therein as
security for compliance with his obligations in accordance with the Contract;
And whereas we have agreed to give the Contractor such a Bank Guarantee;

Now, therefore, we hereby affirm that we are the Guarantor and responsible to you, on behalf of the
Contractor, up to a total of Rs.….........................……………. [amount of Guarantee] Rupees
…………………………………………………. [in words] (1), such sum being payable, and we
undertake to pay you, upon your first written demand and without cavil or argument, any sum or sums
within the limits of Rs..………………… [amount of guarantee] (1) as aforesaid without your needing to
prove or to show grounds or reasons for your demand for the sum specified therein.

We hereby waive the necessity of your demanding the said debt from the Contractor before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract
of the Works to be performed there under or of any of the Contract documents which may be
made between you and the Contractor shall in any way release us from any liability under this
guarantee, and we hereby waive notice of any such change, addition or Modifications.
This guarantee shall be valid until the date of issue of the Defects Correction Certificate.

Signature and seal of the guarantor………..............................…………

Name of Bank ………………..............................……………………….
Address ………………………………………….............................……
Date………………...............................……...........................................
(1). An amount is to be inserted by the Guarantor, representing the percentage of the Contract price specified
in the Contract including additional security for unbalanced bids, if any and denominated in Indian
rupees.

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BILL OF QUANTITIES (B.O.Q.)

TENDER ON AGREEMENT BASIS

Executive Engineer, Gohana W/S Division,

Name of Division : Gohana

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

Sr. Description Unit Qty Rate in Rate in Amount

No. Figure Words

Contract Price…………………………………………….

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