Construction of Poultry Shed at MGIFRI Motihari
Construction of Poultry Shed at MGIFRI Motihari
Construction of Poultry Shed at MGIFRI Motihari
Dear Sir(s),
I am directed to refer to the captioned subject and to say that the OSD, Mahatma Gandhi
Integrated Farming Research Institute, Piprakothi, Motihari hereby invites bids from eligible
Contractors for the work mentioned below.
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The tender document contains the following:-
Annexure-I - “Checklist towards eligibility criteria”
Annexure II – “Certificate about Non-Blacklisting”
Annexure III-- “Mandate form for banking details”
Annexure IV- “Tender Acceptance Letter”
Annexure V- “Tender Declaration Letter”
Annexure VI- “Work Commitment Certificate”
Annexure VII- “Financial Bid/Price Bid Undertaking”
IMPORTANT NOTES:-
i. Tender Documents can be downloaded from ICAR-RCER website www.icarrcer.in or
from the Central Public Procurement Portal www.eprocure.gov.in. Bidders should
enroll / register in the e-procurement module of Central Public Procurement Portal
through the website : www.eprocure.gov.in for participating in the bidding process.
Bidders should also possess a valid DSC for online submission of bids.
ii. Bids received on e-tendering portal only will be considered. Bids in any other form
sent through sealed cover/email/post/fax etc. will be rejected.
iii. The OSD, MGIFRI, Motihari reserves the right to accept / reject any or all the tenders
in part /full without assigning any reason thereof.
iv. The MGIFRI will not be responsible for any delay in enrollment / registration as bidder
or submitting /uploading the offer on e-tender portal. Hence, bidders are advised to
register in e-tendering website www.eprocure.gov.in and enroll their Digital Signature
Certificate and upload their quotation well in advance.
v. Any change / corrigendum/ extension of opening date in respect of this tender shall be
issued through websites only and no press notification will be issued in this regard.
Bidders are therefore requested to regularly visit our website and CPP Portal for
updates.
vi. The tender form/bidder documents may be downloaded from the website:
https://eprocure.gov.in/eprocure/app . Online submission of Bids through Central
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Public Procurement Portal ( https://eprocure.gov.in/eprocure/app) is mandatory.
Manual bids shall not be accepted.
viii. In case, any holiday is declared by the Government on the day of opening, the tenders
will be opened on the next working day at the same time. The Ministry reserves the
right to accept or reject any or all the tenders.
The Firms are required to furnish / upload copies of the following documents against Eligibility
criteria for tenderer:
We conform that we agree to all other terms and conditions of your tender enquiry including the
terms of delivery, period of delivery and warranty provision.
We have furnished all the information, as required in the tender enquiry and attached the
relevant documents.
We confirm that our offer will remain valid for acceptance for 180 days after the date of opening
of tenders
Sd/-
ASSISTANT ADMINISTRATIVE OFFICER (Purchase)
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SPECIFICATION AND OTHER DETAILS
A – GENERAL
1.2 The OSD, MGIFRI, Motihari invites tenders along with EMD of Rs. 7,700/- in the
shape of Demand Draft issued by any Nationalized Bank, Payable at Patna to be valid
for 3 months from the date of NIT along with bid. Bids without EMD will be summarily
rejected.
1.3 The successful tenderer is expected to complete the work within the stipulated time
period, as specified in 1.1 C.
2.2 Even though the tenderers meet the above qualifying criteria, they are liable to be
disqualified / debarred / suspended / blacklisted if they have
Furnished false / fabricated particulars in the forms, statements and /annexure submitted
in proof of the qualification requirements and/or
Not turned up for entering into agreement, when called upon.
Record of poor progress such as abandoning the work, not properly completing the
contract, inordinate delays in completion, litigation history or financial failures etc.
and/or
Participated in the previous bidding for the same work and had quoted unreasonably high
tender rate and
Even while execution of the work, if found that the work was awarded to the Contractor
based on false / fake certificates of experience, the Contractor will be blacklisted and
work will be taken over invoking relevant standard rules of GOI.
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2.3 A tenderer submitting a Tender which the tender accepting authority considers
excessive and or indicative of insufficient knowledge of current prices or definite
attempt of profiteering will render him liable to be debarred permanently from
tendering or for such period as the tender accepting authority may decide. The
tenderer overall quote should be based on the controlled prices for the materials, if
any, fixed by the Government or the reasonable prices permissible for the tenderer
to charge a private purchaser under the provisions of clause-6 of the hoarding and
profiteering prevention ordinance of 1943 as amended from time to time and on
similar principle in regard to labour supervision on the construction.
4. Cost of Tendering
4.1 The Tenderer shall bear all costs associated with the preparation and submission of his
Tender and the tender inviting authority will in no case be responsible and liable for those
costs.
5. Site Visit.
5.1 The Tenderer, at the Tenderer’s own responsibility and risk is advised to visit and
examine the Site of Work and its surroundings and obtain all information that may be
necessary for preparing the Tender for entering into a contract, for construction of the
work. The costs of visiting the site shall be at the Tenderer’s own expenses.
7.2 Any addendum/amendments issued by the Tender Inviting Officer shall be part of the
Tender Document and it shall either be communicated in writing to all the purchasers of
the Tender documents or notified on the Website in which NIT was published.
7.3 To give prospective Tenderers reasonable time to take an addendum into account in
preparing their bids, the Tender Inviting Officer may extend if necessary, the last date for
submission of tenders.
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a. In preparing the Technical bid, bidders are expected to examine the documents
comprising this tender document in detail. Material deficiencies in providing the
information requested may result in rejection of a Proposal.
b. While preparing the Technical bid, bidders may give particular attention to the
following:
I) If a bidder considers that they do not have all the expertise for the
Assignment, it may obtain a full range of expertise by associating with other
firms as appropriate.
II) The Technical Proposal should provide the following information using the
attached Standard Forms, where ever applicable.
III) A brief description of the bidder organization and an outline of recent
experience on assignments of a similar nature. For each assignment, the
outline should indicate, inter alia, duration of the assignment, contract amount,
and bidder involvement.
IV) List of equipment make, model etc with technical brochures, if any equipment
is to be supplied.
V) List of personnel who will be looking after the work execution.
VI) Any comments or suggestions on the proposed scope of work, list of services,
and any facilities expected to be provided by the MGIFRI, Motihari.
VII) Any additional comments/ remarks.
8.1 The Technical proposal will be reviewed by Tender cum Works Monitoring Committee of
the MGIFRI/ICAR-RCER, Patna and the clarifications, particulars if any required from the
bidders will be obtained or in the conventional method by addressing the bidders.
9 Price Offer:
9.1 The bid offer shall be for the whole work and not for individual items / part of the work.
9.2 All duties, taxes, and other levies payable by the contractor as per State / Central
Government rules, shall be included in the tender percentage quoted by the tenderer.
9.3 The tendered contract amount as computed based on overall tender percentage is
subject to variation during the performance of the Contract in accordance with
variation in quantities etc.
10 Validity of Tenders:-
10.1 Tenders shall remain valid for a period of not less than six months from the last date for
receipt of Tender.
10.2 In exceptional circumstances, prior to expiry of the original time limit, the Tender
Inviting Officer may request the bidders to extend the period of validity for a specified
additional period. Such request to the Tenderers shall be made in writing. A Tenderer
may refuse the request without forfeiting his E.M.D. A tenderer agreeing to the request
will not be permitted to modify his Tender, but will be required to extend the validity of
his E.M.D for a period of the extension
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11. Examination of Tender Document and determination of responsiveness
11.1 The OSD, MGIFRI will evaluate whether each tenderer is satisfying the eligibility
criteria prescribed in the tender document and declares them as a qualified tenderer.
11.2 If any alteration is made by the tenderer in the tender documents, the conditions of the
contract, the drawings, specifications or statements / formats or quantities the tender will
be rejected.
11.3 Tenders shall be scrutinized in accordance with the conditions stipulated in the Tender
document. In case of any discrepancy of non-adherence conditions the tender accepting
authority shall communicate the same which will be binding both on the tender opening
authority and the tenderer. In case of any ambiguity, the decision taken by the tender
accepting authority on tenders shall be final.
11.4 Those proposals which are found to meet the minimum standards as prescribed by the
OSD, MGIFRI will be treated as responsive bids.
12. Evaluation and comparison of price.
12.1 The committee will evaluate and compare the price of all the qualified tenderers.
12.2 Negotiations at any level are strictly prohibited. However, good gesture rebate, if offered
by the lowest tenderer prior to finalization of tenders may be accepted by the tender
accepting authority.
12.3 Selection of tenderer among the lowest and equally quoted tenderers will be in the
following orders:
a) The tenderer whose bid capacity is higher will be selected.
b) In case the bid capacity is also same the tenderer whose annual turnover is
more will be preferred.
c) Even if the criteria incidentally become the same, the turnover on similar
works and thereafter machinery available for the work and then the clean
track record will be considered for selection.
13. Process to be confidential
13.1 Information relating to the examination, clarification, evaluation and comparison of
tenders and recommendations for the award of a contract shall not be disclosed to
tenderers or any other persons not officially concerned with such process until the award
to the successful tenderer has been announced by the tender accepting authority. Any
effort by a tenderer to influence the processing of tenders or award decisions may result
in the rejection of his tender.
13.2 No Tenderer shall contact the OSD, MGIFRI or any authority concerned with inalization
of tenders on any matter relating to its Tender from the time of the Tender opening to the
time the Contract is awarded. If the Tenderer wishes to bring additional information to
the notice of the OSD, it should do so in writing.
13.3 Before recommending / accepting the tender, the tender recommending / accepting
authority shall verify the correctness of certificates submitted to meet the eligibility
criteria and specifically experience. The authenticated agreements of previous works
executed by the lowest tenderer shall be called for.
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without thereby incurring any liability to the affected tenderer or tenderers or any
obligation to inform the affected tenderer or tenderers of the reasons for such action.
15. Notification of award and signing of agreement
15.1 The Tenderer whose Tender has been accepted will be notified of the award of the
work by The OSD, MGIFRI prior to expiration of the Tender validity period by
registered letter. This letter (hereinafter and in the Conditions of Contract called
“Letter of Acceptance”) will indicate the sum that the Government 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 Amount”).
15.2 The successful tenderer has to sign an agreement within a period of 15 days from the date
of receipt of communication of acceptance of his tender. On failure to do so his tender
will be cancelled duly forfeiting the E.M.D., paid by him without issuing any further
notice and action will be initiated for black listing the tenderer.
16. Corrupt or fraudulent practices
16.1 The Government requires that the bidders / suppliers / contractors under Government
financed contracts, observe the highest standard of ethics during the procurement and
execution of such contracts. In pursuance of this policy, the Government
(a) Define for the purposes of the provision, the terms set forth below as follows:
(i) “corrupt practices” means the offering, giving, receiving or soliciting of anything of value
to influence the action of a Government official in procurement process or in contract
execution: and
(ii) “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 Government
and includes collusive practice among Tenderers (prior to or after Tender submission)
designed to establish in Tender prices at artificial noncompetitive levels and to deprive
the Government of the benefits of free and open competition.
(b) Will reject a proposal for award if it determines that the tenderer recommended for award
has engaged in corrupt or fraudulent practices in competing for the contract in question.
I Will blacklist / or debar a firm, either indefinitely or for a stated period of time, if at any
time determines that the firm has engaged in corrupt or fraudulent practices in competing
for, or in executing a Government contract.
(d) Further more, tenderers shall be aware of the provisions stated in the general conditions
of contract.
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CONDITIONS OF CONTRACT
TENDER
Date: ……………
To
The OSD,
MGIFRI
Piprakothi, Motihari
Sir,
I / We do hereby tender and if this tender be accepted, under take to execute the work entitled
“Construction of Poultry Shed at MGIFRI, Motihari” as shown in the drawings and as per
specifications described in this document of MGIFRI, Motihari for the sum of Rs. 3.07 lakhs or
such other sum as may be arrived under the clause of the standard preliminary specifications
relating to “Payment by final measurement at unit rates”.
I/WE have also quoted rates for which I/We agree to execute the work when the lumpsum
payment under the terms of the agreement is varied by payment on measurement quantities.
I/WE agreed to keep the offer in this tender valid a period of six month(s) mentioned in the
tender notice and not to modify the whole or any part of it for any reason within above period. If
the tender is withdrawn by me/us for any reasons whatsoever, the earnest money paid by me/us
will be forfeited to Government.
I/WE hereby distinctly and expressly, declare and acknowledge that, before the submission of
my/our tender I/We have carefully followed the instructions in the tender notice and have read
the preliminary specifications and that I/We have made such examination of the contract
documents and the plans, specifications and quantities and of the location where the said work is
to be done, and such investigation of the work required to be done, and in regard to the material
required to be furnished as to enable me/us to thoroughly understand the intention of same and
the requirements, covenants, agreements, stipulations and restrictions contained in the contract,
and in the said plans and specifications and distinctly agree that I/We will not hereafter make any
claim or demand upon the Government based upon or arising out of any alleged
misunderstanding or misconception /or mistake on my/or our part of the said requirement,
covenants, agreements, stipulations, restrictions and conditions.
I / WE enclosed to my/our application for tender schedule a crossed demand draft (No.________
dated: ___________) for Rs: ______________________________________________________
as earnest money not to bear interest.
I / WE shall not assign the contractor or sublet any portion of the same. In case if it becomes
necessary such subletting with the permission of the shall be limited to (1) Labour contract, (2)
Material contract, (3) Transport contract and (4) Engaging specialists for special item of work.
IF MY / OUR tender is not accepted the sum shall be returned to me/us on application when
intimation is sent to me/us of rejection or at the expiration of three months from last date of
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receipt of this tender, whichever is earlier. If my/our tender is accepted the earnest money shall
be retained by the Government as security for the due fulfillment of this contract. If upon written
intimation to me/us by the Office, I/We fail to attend the said office on the date herein fixed or if
upon intimation being given to me/us or acceptance of my/our tender, and if I/We fail to make
the additional security deposit or to enter into the required agreement as defined in tender
document, then I/We agree the forfeiture of the earnest money. Any notice required to be served
on me/us here under shall be sufficiently served on me/us if delivered to me/us hereunder shall
be sufficiently served on me/us if delivered to me/us personally or forwarded to me/us by post to
(registered or ordinary) or left at my/our address given herein. Such notice shall if sent by post be
deemed to have been served on me/us at the time when in due course of post it would be
delivered at the address to which it is sent.
I/WE fully understand that the written agreement to be entered into between me/us and
Government shall be the foundation of the rights of the both the parties and the contract shall not
be deemed to be complete until the agreement has first been signed by me/us and then by the
proper officer authorized to enter into contract on behalf of Government.
I AM/WE ARE professionally qualified and my/our qualifications are given below:
I/WE will employ the following technical staff for supervising the work and will see that one of
them is always at site during working hours, personally checking all items of works and paint
extra attention to such works as required special attention (eg) Main panel boards, Cable
connections etc.,
I / WE declare that I / WE agree to recover the salaries of the technical staff actually engaged on
the work by the department, from the work bills, if I / We fail to employ technical staff as per the
tender condition.
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(1) I/WE hereby declare that I/We have perused in detail and examined closely the Indian
Standard Specifications, all clauses of the preliminary specifications with all amendments
and have either examined all the standards specifications or will examine all the standard
specifications for items for which I/We tender, before I/We submit such tender and agree
to be bound and comply with all such specifications for this agreement which I/We
execute in the different Government Departments.
(2) I/WE certify that I/We have inspected the site of the work before quoting my price, I /We
have satisfied about the quality, availability and transport facilities for all the materials.
(3) I / WE am/are prepared to furnish detailed data in support of all my quoted rates, if and
when called upon to do so without any reservations.
(4) I / WE hereby declare that I / We will not claim any price escalation.
(5) I / WE hereby declare that I am / We are accepting for the defect liability period as 24
months.
(6) I / WE declare that I / WE will not claim any extra amount towards any material used for
the work other than the quoted works for respective schedule ‘A’ items.
(7) I / WE declare that I / WE will execute the work as per the mile stone programme, and if
I / WE fail to complete the work as per the mile stone programme I abide by the
condition to recover liquidated damages as per the tender conditions.
(8) I / WE declare that I / WE will abide for settlement of disputes as per the tender
conditions.
1) I/WE have not been black listed in any department due to any reasons.
2) I/We declare that all the Certificates/Documents submitted by Me/US are Genuine.
3) I/WE agree to disqualify me/us for any wrong declaration in respect of the above and to
summarily reject my/our tender.
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CONDITIONS OF CONTRACT
A. GENERAL
1. Interpretation:
1.1 In interpreting these Conditions of Contract, singular also means plural, male also means
female, and vice-versa. Headings have no significance. Works have their normal meaning
under the language of the contract unless specifically defined. The Incharge will provide
instructions clarifying queries about the conditions of Contract.
1.2 The documents forming the Contract shall be interpreted in the following order of priority:
1) Agreement
2) Letter of Acceptance, notice to proceed with the works
3) Contractor’s Tender
4) Conditions of contract
5) Specifications
6) Drawings
7) Bill of quantities
8) Any other document listed as forming part of the Contract.
2. Decisions:
2.1 Except where otherwise specifically stated, the OSD will decide the contractual matters
between the Department and the Contractor in the role representing the Department.
3. Delegation:
3.1 The OSD may delegate any of his duties and responsibilities to other officers and may
cancel any delegation by an official order issued.
4. Communications:
4.1 Communications between parties, which are referred to in the conditions, are effective only
when in writing. A notice shall be effective only when it is delivered (in terms of Indian
Contract Act)
5. Sub-contracting:
5.1 If the prime contractor desires to sub-let a part of the work, he should submit the
same at the time of filing tenders itself or during execution, giving the name of the
proposed Sub-contractor, along with details of his qualification and experience. The
Tender Accepting Authority should verify the experience of the Sub-contractor and if
the Sub-contractor satisfies the qualification criteria in proportion to the value of
work proposed to be sub-let, he may permit the same. The total value of works to be
awarded on sub-letting shall not exceed 50% of contract value. The extent of
subletting shall be added to the experience of the sub-contractor and to that extent
deducted from that of the main contractor.
6. Other Contractors:
6.1 The Contractor shall cooperate and share the Site with other contractors, Public authorities,
utilities, and the Department. The Contractor shall also provide facilities and services for
them as directed by the Incharge.
7. Personnel:
7.1 The Contractor shall employ the required Key Personnel named in the Schedule of Key
Personnel to carry out the functions stated in the Schedule or other personnel approved by
the Incharge. The Incharge will approve any proposed replacement of Key Personnel only
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if their qualifications, abilities, and relevant experience are substantially equal to or better
than those of the personnel listed in the Schedule.
7.2 Failure to employ the required technical personnel by the contractor the institute will
depute its own technical person and expenditure of salary will be recovered from
contractor.
7.3 The technical personnel should be on full time and available at site whenever required by
Incharge to take instructions.
7.4 The names of the technical personnel to be employed by the contractor should be furnished
in the statement enclosed separately.
7.5 In case the contractor is already having more than one work on hand and has undertaken
more than one work at the same time, he should employ separate technical personnel on
each work.
7.6 If the contractor fails to employ technical personnel the work will be suspended or
department will engage a technical personnel and recover the cost thereof from the
contractor.
7.7 If the Incharge asks the Contractor to remove a person who is a member of Contractor’s
staff or his work force stating the reasons the Contractor shall ensure that the person leaves
the site forthwith and has no further connection with the work in the contract.
8. Contractor’s Risks:
8.1 All risks of loss of or damage to physical property and of personnel injury and death,
which arise during and in consequence of the performance of the Contract are the
responsibility of the Contractor.
9. Insurance:
9.1 The Contractor shall provide, in the joint names of the Department and the
contractor, insurance cover from the Start Date to the end of the Defects Liability
Period i.e., 24 months after completion for the following events which are due to the
Contractor’s risks.
a) loss of or damage to the Works, Plant and Materials;
b) loss of or damage to the Equipment;
c) loss of or damage of property in connection with the Contract; and
d) Personal injury or death of persons employed for construction.
9.2 Policies and certificates of insurance shall be delivered by the Contractor to the
Incharge at the time of concluding Agreement. All such insurance shall provide for
compensation to be payable to rectify the loss or damage incurred.
i) The contractor shall furnish insurance policy in force in accordance with proposal
furnished in the Tender and approved by the Department for concluding the
agreement.
ii) The contractor shall also pay regularly the subsequent insurance premia and produce
necessary receipt to the Incharge well in advance.
iii) In case of failure to act in the above said manner the department will pay the
premium and the same will be recovered from the Contractors payments.
9.3 Alterations to the terms of insurance shall not be made without the approval of the
Incharge.
10. Site Inspections:
10.1 The contractor should inspect the site and also proposed quarries of choice for materials
source of water and quote his rate including quarrying, conveyance and all other charges
etc.
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10.2 The responsibility for arranging the land for borrow area rests with the Contractor and no
separate payment will be made for procurement or otherwise. The contractor’s quoted rate
will be inclusive of land cost.
11. Contractor to Construct the Works:
11.1 The Contractor shall construct and Commission the Work in accordance with the
specifications and Drawings.
12. Power Supply.
12.1 The contractor shall make his own arrangements for obtaining power from the Electricity
dept., at his own cost. The contractor will pay the bills of Electricity Department for the
cost of power consumed by him till the (Name of work) is handed over to MGIFRI.
12.2 The contractor shall satisfy all the conditions and rules required as per Indian
Electricity Act 1910 and under Rule-45(I) of the Indian Electricity Rules, 1956 as
amended from time to time and other pertinent rules.
12.3 The power shall be used for bonafide Departmental work only.
13. Monsoon Damages:
Damages due to rain or flood shall have to be made good by the contractor till the work is
handed over to the Department. The responsibility of damages making good the damages
due to rain or flood rests with the contractor. No extra payment is payable for such
operations and the contractor shall therefore, have to take all necessary precautions to
protect the work done during the construction period.
14. The works to be Completed by the Intended Completion Date:
14.1 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 Incharge, and complete the work by the Intended Completion
Date.
15. Safety:
15.1 The Contractor shall be responsible for the safety of all activities on the Site.
16. Discoveries:
16.1 Anything of historical or other interest or of significant value unexpectedly discovered on
the Site is the property of the Government. The Contractor is to notify the Incharge of such
discoveries and carry out the Incharge instructions for dealing with them.
17. Possession of the Site.
17.1 The Department shall give possession of the site to the Contractor.
18. Access to the Site:
18.1 The Contractor shall provide the Incharge and any person authorised by the Incharge,
access to the site and to any place where work in connection with the Contract is being
carried out or is intended to be carried out.
19. Instructions:
19.1 The Contractor shall carry out all instructions of the Incharge and comply with all the
applicable local laws where the Site is located.
20. Settlement of disputes:
20.1 If any dispute of difference of any kind whatsoever arises between the department
and the Contractor in connection with, or arising out of the Contract, whether during
the progress of the works or after their completion and whether before or after the
termination, abandonment or breach of the Contract, it shall in the first place, be
referred to and settled by the Incharge who shall, within a period of thirty days after
being requested by the Contractor to do so, give written notice of his decision to the
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Contractor. Upon receipt of the written notice of the decision of the Incharge the
Contractor shall promptly proceed without delay to comply with such notice of
decision.
20.2 If the Incharge fails to give notice of his decision in writing within a period of thirty
days after being requested or if the Contractor is dissatisfied with the notice of the
decision of the Incharge the Contractor may within thirty days after receiving the
notice of decision appeal to the Department who shall offer an opportunity to the
contractor to be heard and to offer evidence in support of his appeal, the Department
shall give notice of his decision within a period of thirty days after the Contractor has
given the said evidence in support of his appeal, subject to arbitration, as hereinafter
provided. Such decision of the Department in respect of every matter so referred shall
be final and binding upon the Contractor and shall forthwith be given effect to by the
Contractor, who shall proceed with the execution of the works with all due diligence
whether he requires arbitration as hereinafter provided, or not. If the Department
has given written notice of his decision to the Contractor and no claim to arbitration,
has been communicated to him by the Contractor within a period of thirty days from
receipt of such notice the said decision shall remain final and binding upon the
Contractor. If the Department fail to give notice of his decision, as aforesaid within a
period of thirty days after being requested as aforesaid, or if the Contractor be
dissatisfied with any such decision, then and in any such case the contractor within
thirty days after the expiration of the first named period of thirty days as the case
may be, require that the matter or matters in dispute be referred to arbitration:
jurisdiction of Patna limits.
B. TIME FOR COMPLETION
21. Program:
21.1 The total period of completion is (duration of 30 days) from the date of receipt of Work
Order.
21.2 The attention of the tenderer is directed to the contract requirement at the time of beginning
of the work. The rate of progress and proportionate value of work done from time to time
as will be indicated by the Certificate for the value of work done will be required. Date of
commencement of their programme will be the date for concluding agreement but not the
date of handing over site.
21.3 After signing the agreement, the contractor shall forthwith begin the work, shall regularly
and continuously proceed with them.
21.4 The contractor shall commence the works on site within the period specified under
condition 23.1 to 23.2 after the receipt by him of a written order to this effect from the
concerned authority and shall proceed with the same with due expedition and without
delay, except as may be expressly sanctioned or ordered.
21.5 Save in so far as the contractor may prescribe, the extent of portions of the site of which
the contractor is to be given possession from time to time and the order in which such
portions shall be made available to him and, Subject to any requirement in the contract as
to the order in which the works shall be executed, the ’s written order to commence the
works, give to the contractor possession of so much of the site as may be required to enable
the contractor to commence proceed with the execution of the works in accordance with
the programme if any, and otherwise in accordance with such reasonable proposals of the
contractor as he shall by written notice to the Incharge, make and will from time to time as
the works proceed, give to the contractor possession of such further portions of the site as
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may be required to enable the contractor to proceed with the execution of the works with
due dispatch in accordance with the said programme or proposals as the case maybe; if the
contractor suffers delay or incurs cost from failure on the part of the Concerned authority
to give possession in accordance with the terms of this clause, the Concerned authority
shall grant an extension of time for the completion of works.
21.6 The contractor shall bear all costs and charges for special or temporary way leases required
by him in connection with access to the site. The contractor shall also provide at his own
cost any additional accommodation outside the site required by him for the purposes of the
work.
21.7 Subject to any requirement in the contract as to completion of any section of the works
before completion of the whole of the works shall be completed in accordance with
provisions of clauses in the Schedule within the time stated in the contract calculated from
the last day of the period named in the statement to the tender as that within which the
works are to be commenced or such extended time as may be allowed.
21.8 Delays and extension of time:
No claim for compensation on account of delays or hindrances to the work from any cause
whatever shall lie, except as hereafter defined. Reasonable extension of time will be
allowed by the or by the office competent to sanction the extension, for unavoidable
delays, such as may result from causes, which in the opinion of the , are undoubtedly
beyond the control of the contractor. The shall assess the period of delay or hindrance
caused by any written instructions issued by him, at twenty five per cent in excess or the
actual working period so lost.
In the event of the failing to issue necessary instructions and thereby causing delay and
hindrance to the contractor, the latter shall have the right to claim an assessment of such
delay by the OSD, MGIFRI whose decision will be final and binding. The contractor shall
lodge in writing with the statement of claim for any delay or hindrance referred to above,
within fourteen days from its commencement, otherwise no extension of time will be
allowed.
Whenever authorised alterations or additions made during the progress of the work are of
such a nature in the opinion of the as to justify an extension of time in consequence
thereof, such extension will be granted in writing by the or other competent authority when
ordering such alterations or additions.
22. Construction Programme:
22.1 The Contractor shall furnish within 15 days of the order of the work a programme showing
the sequence in which he proposed to carry out the work, monthly progress expected to be
achieved, also indicating date of procurement of materials plant and machinery. The
schedule should be such that it is practicable to achieve completion of the whole work
within the time limit fixed and shall obtain the approval of the Incharge. Further rate of the
progress as in the program shall be kept up to date. In case it is subsequently found
necessary to alter this program, the contractor shall submit sufficiently in advance the
revised program incorporating necessary modifications and get the same approved by the
Incharge. No revised program shall be operative with out approval of Incharge.
22.2 The OSD, MGIFRI shall have all times the right, without any way violating this contract,
or forming grounds for any claim, to alter the order of progress of the works or any part
thereof and the contractor shall after receiving such directions proceed in the order
directed. The contractor shall also report the progress to the OSD, MGIFRI within 7 days
of the Incharge direction to alter the order of progress of works.
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22.3 The Contractor shall give written notice to the Incharge whenever planning or progress of
the works is likely to be delayed or disrupted unless any further drawings or order
including a direction, instruction or approval is issued by the Incharge within a reasonable
time. The notice shall include details of the drawing or order required and of why and by
when it is required and of any delay or disruption likely to be suffered if it is late.
22.4 Rate of progress/percentage of work:
i) (30 days) 100% of contract value
23. Speed of Work
23.1 The Contractor shall at all times maintain the progress of work to conform to the latest
operative progress schedule approved by the Incharge. The contractor should furnish
progress report indicating the programme and progress once in a month. The Incharge may
at any time in writing direct the contractor to slow down any part or whole of the work for
any reason (which shall not be questioned) whatsoever, and the contractor shall comply
with such orders of the Incharge. The compliance of such orders shall not entitle the
contractor to any claim of compensation. Such orders of the Incharge for slowing down the
work will however be duly taken into account while granting extension of time if asked by
the contractor for which no extra payment will be entertained.
23.2 Delays in Commencement or progress or neglect of work and forfeiture of earnest money,
Security deposit and withheld amounts:
If, at any time, the Incharge shall be of the opinion that the Contractor is delaying
Commencement of the work or violating any of the provisions of the Contractor is
neglecting or delaying the progress of the work as defined by the tabular statement. “Rate
of progress” in the Articles of Agreement”, he shall so advise the Contractors in writing
and at the same time demand compliance in accordance with conditions of Tender notice.
If the Contractor neglects to comply with such demand within seven days after receipt of
such notice, it shall then or at any time there after, be lawful for the OSD, MGIFRI to take
suitable action in accordance with relevant Clauses.
24. Suspension of works by the Contractor:
24.1 If the Contractor shall suspend the works, or sublet the work without sanction of the
Incharge, or in the opinion of the Incharge shall neglect or fail to proceed with due
diligence in the performance of his part of the Contract as laid down in the Schedule rate of
progress, or if he shall continue to default or repeat such default in the respects mentioned
in relevant rules of GOI, Incharge shall take action in accordance with related Clauses.
24.2 If the Contractor stops work for 28 days and the Stoppage has not been authorised by the
Incharge the Contract will be terminated as per the law.
24.3 If the Contractor has delayed the completion of works the Contract will be terminated
under relavant Clauses.
25. Extension of the Intended Completion Date:
25.1 The Incharge shall extend or recommend for extension, in accordance with the
Government orders in force, the Intended Completion Date if a Variation is issued which
makes it impossible for Completion to be achieved by the Intended Completion Date.
25.2 The Incharge shall decide whether and by how much to extend the Intended Completion
Date within 21 days of the Contractor asking the Engineer for a decision upon the effect of
a Variation and submitting full supporting information. If the Contractor has failed to give
early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this
failure shall not be considered in assessing the new Intended Completion Date.
26. Delays Ordered by the Incharge
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26.1 The Incharge may instruct the Contractor to delay the start or progress of any activity
within the Work.
27. Early Warning:
27.1 The contractor is to warn the Incharge at the earliest opportunity of specific likely future
events or circumstances that may adversely affect the Execution of Works.
27.2 The Contractor shall cooperate with the Incharge in making and considering proposals for
how the effect of such an event or circumstance can be avoided or reduced by anyone
involved in the work and in carrying out any resulting instruction of the Incharge.
28. Management Meetings:
28.1 The Incharge may require the Contractor to attend a management meeting. The
business of a management meeting shall be to review the progress work.
C. QUALITY CONTROL
29. Identifying Defects:
29.1 The Incharge shall check the Contractor’s work and notify the Contractor of any Defects
that are found. Such checking shall not affect the Contractor’s responsibilities. The
Incharge may instruct the Contractor to verify the Defect and to uncover and test any work
that the Engineer considers may be a Defect.
30. Tests:
30.1 If the Incharge instructs the Contractor to carry out a test not specified in the Specification
to check whether any work has a Defect and the Contractor shall pay for the test and any
samples.
31. Correction of Defects:
31.1 The Incharge shall give notice to the Contractor of any Defects before the end of the
Defects Liability Period, which begins on Completion. The defects liability period shall be
extended for as long as defects remain to be corrected by the Contractor.
31.2 Every time notice of a Defect is given, the Contractor shall correct the notified defect
within the length of time specified by the Incharge’s notice.
32. Uncorrected defects
32.1 If the contractor has not corrected the defect within the time specified in the Incharge’s
notice, the Incharge will assess the cost of having the defect corrected and the contractor
will pay this amount.
33. Quality Control:
In addition to the normal inspection by the regular staff in charge of the execution of work,
the work may also be inspected by the, Quality control Circle or by the State or District
level Vigilance Cell Unit and any other authorised external Agency if any sub-standard
work or excess payments are noticed with reference to measurement books etc., during
inspection, action will be taken based on their observations and these will be effected by
the Incharge of the execution of the work.
D. COST CONTROL
34. Bill of Quantities:
34.1 The Bill Quantities shall contain items for the construction work to be done by the
Contractor.
34.2 The Contractor is paid for the quantity of the work done as per quoted rate in the Bill of
Quantities for each item.
35. Changes in the Quantities:
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35.1 The contractor is bound to execute all supplemental works that are found essential,
incidental and inevitable during execution of main work.
35.2 The payment of rates for such supplemental items of work will be regulated as under;
Supplemental items directly deducible from similar items in the original agreement.
35.2.1 The rates shall be derived by adding to or subtracting from the agreement rate of such
similar item the cost of the difference in the quantity of materials labour between the new
items and similar items in the agreement worked out with reference to the Standard
Schedule of Rates adopted in the sanctioned estimate with which the tenders are accepted.
35.2.2 (a) Similar items but the rates of which cannot be directly deduced from the original
agreement.
(b) Purely new items which do not correspond to any item in the agreement.
35.2.3 The rates of all such items shall be Estimated Rates plus or minus overall Tender
premium.
36. Extra Items:
36.1 Extra items of work shall not vitiate the contract. The contractor shall be bound to execute
extra items of work as directed by the Incharge. The rates for extra items shall be worked
out by the as per the conditions of the Contract and the same are binding on the Contractor.
36.2 The contractor shall before the 15th day of each month, submit in writing to the a statement
of extra items if any that they have executed during the preceding month failing which the
contractor shall not be entitled to claim any.
36.3 Entrustment of additional items:
36.3.1 Where ever additional items not contingent on the main work and outside the scope of
original agreement are to be entrusted to the original contractor dispensing with bids and if
the value of such items exceeds the limits up to which the officer is empowered to entrust
works initially to contractor without calling for tenders, approval of next higher authority
shall be obtained. Entrustment of such items on nomination shall be at rates not exceeding
the estimated rates.
36.3.2 Entrustment of the additional items contingent on the main work will be authorised by the
officers upto the monetary limits upto which they themselves are competent to accept items
in the original agreement so long as the total amounts upto which they are competent to
accept in an original agreement rates for such items shall be worked out in accordance with
the procedure (I) For all items of work in excess of the quantities shown in the Bill of
Quantities of the Tenders, the rate payable for such items shall be estimate rates for the
items accepted by the competent authority.
36.3.3 Entrustment of either the additional or supplemental items shall be subject to the
provisions of the agreement entered into by a Competent Authority after the tender is
accepted. The OSD being the authority next higher to the OSD, who entered into the
agreement approves the rate for the items / variation in quantity in the current agreement.
The items shall not be ordered by an officer on his own responsibility if the revised
estimate or deviation statement providing for the same requires the sanction of OSD.
Note: It may be noted that the term Estimate Rate used above means the rate in the sanctioned
estimate with which the tenders are accepted, or if no such rates is available in the
estimate, the rate derived will be with reference to the Standard Schedule of Rates adopted
in the sanctioned estimate with which tenders are accepted.
37. Cash flow forecasts:
37.1 When the program is updated, the contractor is to provide the Incharge with an
updated cash flow forecast.
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38. Payment Certificates:
38.1 The Contractor shall submit to the Incharge monthly statements of the estimated
value of the work completed less the cumulative amount certified previously.
38.2 The Incharge shall check the Contractor’s monthly statement within 14 days.
38.3 The value of work executed shall be determined by the Incharge.
38.4 The value of work executed shall comprise the value of the quantities of the items in
the Bill of Quantities completed.
38.5 The Incharge may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later
information.
39. Payments:
39.1 Payment will be made after satisfactory completion of the work.
39.2 Part Payment if any will be consider as per Govt. of India norms.
39.3 Part payment if any will be adjusted against the final payment
39.3 Payments and Certificates:
39.3.1 In case of over payments or wrong payment if any made to the contractor due to wrong
interpretation of the provisions of the contract a n d c ontract conditions etc., such
unauthorized payment will be deducted in the subsequent bills or final bill for the work or
from the bills under any other contracts with the Government or at any time there after
from the deposits available with the Government.
39.3.2 Any recovery or recoveries advised by the Government Department either state or
central, due to non-fulfilment of any contract entered into with them by the contractor shall
be recovered from any bill or deposits of the contractor.
39.3.3 No claim shall be entertained, if the same is not represented in writing to the Incharge
within 15 days of its occurrence.
39.3.4 The contractor is not eligible for any compensation for inevitable delay in handing over
the site or for any other reason. In such case, suitable extensions of time will be granted
after considering the merits of the case.
40. Interest on Money due to the Contractor:
40.1 No omission by the or the sub-divisional officer to pay the amount due upon certificates
shall vitiate or make void the contract, nor shall the contractor be entitled to interest upon
any guarantee fund or payments in arrear, nor upon any balance which may, on the final
settlement of his accounts, found to be due to him.
41. Certificate of Completion of works:
41.1 Certificate of Completion of works:
41.1.1 When the whole of the work has been completed and has satisfactory passed any
final test that may be prescribed by the Contract, the Contractor may give a notice to
that effect to the Incharge accompanied by an undertaking to carryout any
rectification work during the period of maintenance, such notice and undertaking
shall be in writing and shall be deemed to be request by the Contractor for the
Incharge to issue a Certificate of completion in respect of the Works. The Incharge
shall, within twenty one days of the date of delivery of such notice either issue to the
Contractor, a certificate of completion stating the date on which, in his opinion, the
works were completed in accordance with the Contract or give instructions in writing
to the Contractor specifying all the Works which, in the Incharge'’ opinion, required
to be done by the Contractor before the issue of such Certificate.
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41.1.2 Incharge shall also notify the Contractor of any defects in the Works affecting
completion that may appear after such instructions and before completion of the
Works specified there in. The Contractor shall be entitled to receive such Certificate
of the Completion within twenty one days of completion to the satisfaction of the
Incharge of the Works so specified and making good of any defects so notified.
41.1.3 Similarly, the Contractor may request and the Incharge shall issue a Certificate of
Completion in respect of:
a) Any section of the Permanent works in respect of which a separate time for
completion is provided in the Contract, and
b) Any substantial part of the Permanent Works which has been both completed to the
satisfaction of the Incharge and occupied or used by the Department.
41.1.4 If any part of the Permanent Works shall have been completed and shall have
satisfactorily passed any final test that may be prescribed by the Contract, the
Incharge may issue such certificate, and the Contractor shall be deemed to have
undertaken to complete any outstanding work in that part of the Works during the
period of Maintenance.
42. Taxes included in the Price:
42.1 The rates quoted by the contractor shall be deemed to be inclusive of the Tax and other
taxes on all materials that the contractor will have to purchase for performance of this
contract.
43. Liquidated Damages:
43.1 If for any reason, which does not entitle the contractor to an extension of item, the rate of
progress of works, or any section is at any time, in the opinion of the OSD, MGIFRI too
slow to ensure completion by the prescribed time or extended time for completion OSD,
MGIFRI shall so notify the contractor in writing and the contractor shall there upon take
such steps as are necessary and the OSD, MGIFRI may approve to expedite progress so as
to complete the works or such section by the prescribed time or extended time. The
contractor shall not be entitled to any additional payment for taking such steps. If as a
result of any notice given by the OSD, MGIFRI under this clause the contractor shall seek
the OSD, MGIFRI permission to do any work at night or on Sundays, if locally recognised
as days or rest, or their locally recognised equivalent, such permission shall not be
unreasonably refused.
43.2 If the contractor fails to complete whole of the works or any part thereof or section of the
works within the stipulated periods of individual mile stones (including any bonafide
extensions allowed by the competent authority without levying liquidated damages), the
OSD, MGIFRI may without prejudice to any other method of recovery will deduct one
hundreds of one percent of contract value per calendar day or part of the day for the period
of delays subject to a maximum of 10% of the contract value not as a penalty from any
monies in his hands due or which may become due to the contractor. The payment or
deductions 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
43.3 The liquidated damages for the whole of the work are @0.05% of value of contract per day
for delay. The maximum amount of liquidated damages for the whole of the works is ten
percent of final contract price.
The effective date will be from the date of handing over of the site after agreement and
after obtaining a Program of the work.
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44. Cost of Repairs:
44.1 Loss or damage to the works or materials to the works between the start date and the end of
the defects correction periods shall be remedied by the contractor at the contractor’s cost if
the loss or damage arises from the contractor’s acts or omissions.
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48.4 If the Contract is terminated, the Contractor shall stop work immediately, make the Site
safe and secured leave the Site as soon as reasonably possible.
49. Payment upon Termination:
49.1 If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Incharge shall issue a certificate for the value of the work done less
advance payments received upon 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 rate to apply to the work not completed.. If the total
amount due to the Department exceeds any payment due to the Contractor the
difference shall be a debt payable to the Department.
50. Property:
50.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to
be the property of the Department if the Contract is terminated because of Contractor’s
default.
51. Release from Performance:
51.1 If the Contract is frustrated by the outbreak of war or by any other event entirely
outside the control of either the Department or the Contractor the Incharge 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 works carried out before receiving it and for any work carried out after wards
to which commitment was made.
F. Special Conditions
52. Water Supply:
The Contractor has to make his own arrangements for water required for the work and to
the colonies and work sites, which are to be established by the Contractor.
53. Electrical Power:
The Contractors will have to make their own arrangements for drawing electric power from
the nearest power line after obtaining permission from the PESU at his own cost. In case of
failure of electricity, the Contractor has to make alternative arrangements for supply of
electricity by Diesel Generator sets of suitable capacity at place of work. If the supply is
arranged by the Department, necessary Tariff rates shall have to be paid based on the
prevailing rates.
The contractor will pay the bills of Electricity Board for the cost of power consumed by
him.
The contractor shall satisfy all the conditions and rules required as per Indian
Electricity Act 1910 and under rule –45(I) of the Indian Electricity Rules, 1956 as
amended from time to time and other pertinent rules.
The power shall be used for bonafide Departmental works only.
53.1 Electric Power for Domestic Supply:
a) The contractor has to make his own arrangements for the supply of electric power for
domestic purposes and the charges for this purpose have to be paid by him at the rates as
fixed by the Bihar State Electricity Board from time to time.
b) The contractor will have to make his own arrangements to lay and maintain the necessary
distribution lines and wiring for the camp at his own cost. The layout and the methods of
laying the lines and wiring shall have the prior approval of the Incharge. All camp area
shall be properly electrified. All lines, streets, approaches for the camp etc., shall be
23
sufficiently lighted for the safety of staff and labour of the contractor, at the cost of the
Contractor and it will be subject to the approval of the Incharge.
54. Land:
54.1 Land for Contractor’s use:
The contractor will be permitted to use Government land for execution of work. The
contractor shall have to make his own arrangements for acquiring and clearing the site,
leveling, providing drainage and other facilities for labour staff colonies, site office,
workshop or stores and for related activities. The Contractor shall apply to the Department
within a reasonable time after the award of the contract and atleast 30 days in advance of
its use, the details of land required by him for the work at site and the land required for his
camp and should any private land which has not been acquired, be required by the
contractor for his use. The same may be acquired by the contractor at his own cost by
private negotiations and no claim shall be admissible to him on this account. The Incharge
reserves the right to refuse permission for use of any government land for which no claim
or compensation shall be admissible to the contractor. The contractor shall, however, not
be required to pay cost or any rent for the Government land given to him.
54.2 Surrender of occupied land
a) The Government land as here in before mentioned shall be surrendered to the Incharge
within seven days, after issue of completion certificate. Also no land shall be held by the
contractor longer than the Incharge shall deem necessary and the contractor shall on the
receipt of due notice from the Incharge, vacate and surrender the land which the Incharge
may certify as no longer required by the Contractor for the purpose of the work.
b) The contractor shall make good to the satisfaction of the Incharge any damage to areas,
which he has to return or to other property or land handed over to him for purpose of this
work. Temporary structures may be erected by the contractor for storage sheds, offices,
residences etc., for non-commercial use, with the permission of the on the land handed
over to him at his own cost. At the completion of the work these structures shall be
dismantled site cleared and handed over to the. The land required for providing amenities
will be given free of cost from Government lands if available otherwise the contractor shall
have to make his own arrangements.
54.3 Contractor not to dispose off Spoil etc.,
The contractor shall not dispose off or remove except for the purpose of fulfilment of this
contract, sand, stone, clay ballast, earth, trees and shrubs or other materials obtained in the
excavation made or lying on the site of the work, and all such materials and produce shall
remain property of the Government. The Department may upon request from the
contractor, or if so stipulated in the conditions of the contract allow the contractor to use
any of the above materials for the works either free of cost or after payment as may be
specifically mentioned or considered necessary during the execution of the work.
55. Roads:
In addition to existing public roads and roads Constructed by Government, if any, in work
area all additional approach roads inside work area and camp required by the Contractor
shall be constructed and maintained by him at his own cost. The layout design,
construction and maintenance etc. of the roads shall be subject to the approval of the
Incharge. The contractor shall permit the use of these roads by the Government free of
charge.
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It is possible that work at, or in the vicinity of the work site will be performed by the
Government or by other contractors engaged in work for the Government during the
contract period. The contractor shall without charge permit the government and such other
contractor and other workmen to use the access facilities including roads and other
facilities, constructed and acquired by the contractor for use in the performance of the
works.
The contractor’s heavy construction traffic or tracked equipment shall not traverse any
public roads or bridges unless the contractor has made arrangement with the authority
concerned. In case contractor’s heavy construction traffic or tracked equipment is not
allowed to traverse any public roads or bridges and the contractor is required to make some
alternative arrangements, no claim on this account shall be entertained. The contractor is
cautioned to take necessary precautions in transportation of construction materials to avoid
accidents.
56. Payment for Camp Construction
No payment will be made to the contractor for construction, operation and maintenance of
camp and other camp facilities and the entire cost of such work shall be deemed to have
been included in the tendered rate for the various items of work in the schedule of
quantities and bids.
57. Explosive And Fuel Storage Tanks
No explosive shall be stored within ½ (half) KM of the limit of the camp sites. The storage
of gasoline and other fuel oils or of Butane, Propane and other liquefied petroleum gases,
shall confirm to the regulations of Andhra Pradesh State Government and Government of
India. The tanks, above ground and having capacity in excess of 2000 liters, shall not be
located within the camp area, nor within 200m, of any building.
58. Labour:
The contractor shall, make his own arrangements for the engagement of all staff and
labour, local or other, and for their payment, housing, feeding and transport.
Labour importation and amenities to labour and contractor’s staff shall be to the
contractor’s account. His quoted rate shall include the expenditure towards importation of
labour amenities to labour and staff;
The contractor shall, if required by the Incharge deliver to the Incharge a written in detail,
is such form and at such intervals as the Incharge may prescribe, showing the staff and the
numbers of the several classes of labour from time to time employed by the contractor on
the Site and such information respecting Contractor’s Equipment as the Incharge may
require.
58.1 Transportation of Labour:
I. The contractor shall make his own arrangement for the daily transportation of the labour
and staff from labour camps colonies to the work spot and no labour or staff of the
contractor shall stay at the work spot. No extra payment will be made to the contractor for
the above transportation of the labour and his quoted rate to the work shall include the
transportation charges of labour from colonies to work spot and back.
II. The contractor will at all times duly observe the provisions of employment of children
Act XXVI of 1938 and any enactment or modification of the same and will not employ
or permit any person to do any work for the purpose under the provisions of this
agreement in contravention of said Act. The contractor here by agrees to indemnify
the department from and against all claims, penalties which may be suffered by the
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department or any person employed by the department by any default on the part of
the contractor in the observance and performance of the provisions of the
employment of children Act. XXVI of 1938 or any enactment or modification of the
same.
The contractor shall obtain the insurance at his own cost to cover the risk on the
works to labour engaged by him during period of execution against fire and other
usual risks and produce the same to the concerned before commencement of work as
per govt. guidelines.
59. Safety Measures:
1. The contractor shall take necessary precautions for safety of the workers and preserving
their health while working in such jobs, which require special protection and precautions.
The following are some of the measures listed but they are not exhaustive and contractor
shall add to and augment these precautions on his own initiative where necessary and shall
comply with directions issued by the or on his behalf from time to time and at all times.
2. Providing protective foot wear to workers situations like mixing and placing of mortar or
concrete sand in quarries and places where the work is done under much wet conditions.
3. Providing protective head wear to workers at places like under ground excavations to
protect them against rock falls.
4. Providing masks to workers at granulates or at other locations where too much fine dust is
floating about and sprinkling water at frequent intervals by water hoses on all stone
crushing area and storage bins abate to dust.
5. Getting the workers in such jobs periodically examined for chest trouble due to too much
breathing in to fine dust.
6. Taking such normal precautions like fencing and lightening in excavation of trenches, not
allowing rolls and metal parts of useless timber spread around, making danger areas for
blasting providing whistles etc.
7. Supply work men with proper belts, ropes etc., when working in precarious slopes etc.
8. Avoiding named electrical wire etc., as they would electrocute the works.
9. Taking necessary steps towards training the workers concerned on the machinery before
they are allowed to handle them independently and taking all necessary precautions in
around the areas where machines hoists and similar units are working.
60. Fair Wage Clause:
1. The contractor shall pay not less than fair wages to labourers engaged by him on the work.
2. “Fair” wages means wages whether for time of piecework notified by the Government
from time in the area in which the work is situated.
3. The contractor shall not with-standing the revisions of any contract to the contrary cause
to be paid to the labour, in directly engaged on the work including any labour engaged by
the sub-contractor in connection with the said work, as if the laborers had been directly
employed by him.
4. In respect of labour directly or indirectly employed in the works for the purpose of the
contractors part of the agreement the contractor shall comply with the rules and regulations
on the maintenance of suitable records prescribed for this purpose from time to time by the
Government. He shall maintain his accounts and vouchers on the payment of wages to the
laborers to the satisfaction of the Incharge.
5. The shall have the right to call for such record as required to satisfy himself on the
payment of fair wages to the labourers and shall have the right to deduct from the contract
26
amount a suitable amount for making good the loss suffered by the worker or workers by
reason of the “fair wages” clause to the workers.
6. The contractor shall be primarily liable for all payments to be made and for the observance
of the regulations framed by the Govt. from time to time without prejudice to his right to
claim indemnity from his sub-contractors.
7. As per contract labour (Regulation and abolition) Act. 1970 the contractor has to
produce the license obtained from the licensing officers of the labour department
along with the tender or at the time of agreement before initiating the work.
8. Any violation of the conditions above shall be deemed to be a breach of his contract.
9. Equal wages are to be paid for both men and women if the nature of work is same and
similar.
10. The contractor shall arrange for the recruitment of skilled and unskilled labour local and
imported to the extent necessary to complete the work within the agreed period as directed
by the Engineer-in-charge in writing.
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61. Indemnity Bond:
Name of work: Construction of Poultry Shed at MGIFRI, Motihari.
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(c) Employees P.F. and Miscellaneous provision Act 1952: The Act provides for monthly
contributions by the Department plus workers @ 10% or 8.33%. The benefits
payable under the Act are:
(i) Pension or family pension on retirement or death, as the case may be.
(ii) Deposit linked insurance on the death in harness of the worker.
(iii) Payment of P.F. accumulation on retirement/death etc.,
(d) Maternity Benefit Act 1951: The Act provides for leave and some other benefits to
women employees in case of confinements or miscarriage etc.
(e) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for certain
welfare measures to be provided by the contractor to contract labour and in case the
Contractor fails to provide, the same are required to be provided by the Principal
Department by Law. The Principal Department 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
Department if they employ 20 or more contract labour.
(f) Minimum wages Act 1948: The Department is supposed to pay not less than the
Minimum wages fixed by appropriate Government as per provisions of the Act if the
employment is a scheduled employment construction of Buildings, Roads, Runways
are scheduled employments.
(g) Payment of wages Act 1936: 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 form the wages of the workers.
(h) Equal Remuneration Act 1979: The Act provides for payment of equal wages for
work of equal nature to Male or Female workers and for not making discrimination
against Female employee in the matters of transfers, training and promotions etc.
(i) Payment of Bonus Act 1965: The Act Is applicable to all establishments employing 20
or more employees. The Act provides for payment 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
months or above and upto Rs.3500/- per month shall be worked out by taking wages
as Rs.2500/- per monthly only. The Act does not apply to certain establishments. The
newly set-up establishments are exempted for five years in certain circumstances.
Some of the State Governments have reduced the employment size from 20 to 10 for
the purpose of applicability of this Act.
(j) Industrial Disputes Act 1947: The Act lays down the machinery and procedure fo
resolution of Industrial disputes, in what situations a strike or lock- out becomes
illegal and what are the requirements for laying off or retrenching the employees or
closing down the establishment.
(k) Industrial Employment (Standing Orders) Act 1946: It is applicable to all
establishments employing 100 or more workmen (employment size reduced by some
of the State and Central Government to 50). The Act provides for laying down rules
governing the conditions of employment by the Department on matters provided in
the Act and get the same certified by the designated Authority.
(l) Trade Unions Act 1926: The Act lays down the procedure for registration of trade
unions of workmen and Departments. The Trade Unions registered under the act
have been given certain immunities from civil and criminal liabilities.
(m) Child Labour (Prohibition & Regulation) Act 1986: The Act prohibits employment of
children below 14 years of age in certain occupations and processes and provides for
29
regulation of employment of children in all other occupations and processes,
Employment Child Labour is prohibited in Building and Construction Industry.
(n) Inter-State Migrant workmen’s (Regulation of Employment & Conditions of service)
Act 1979: The Act 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 upto the establishment and back, etc.
(o) The Building and Other Construction workers (regulation of Employment and
conditions of service) Act 1996 and the Cess Act of 1996: All the establishments who
carryon any building or other construction work and employs 10 or more workers
are covered under this Act. All such establishments are required to pay cess at the
rate not exceeding 2% of the cost of construction as may be modified by the
Government. The Department of the establishment is required to provide safety
measures at the Building or construction work and other welfare measures, such as
Canteens, First-aid facilities, Ambulance, Housing accommodations for workers near
the work place etc. The Department to whom the Act applies has to obtain a
registration certificate from the Registering Officer appointed by the Government.
(p) Factories Act 1948: The Act lays down the procedure for approval of plans before
setting up a factory, health and safety provisions, welfare provisions, working hours,
annual earned leave and rendering information regarding accidents or dangerous
occurrences to designated authorities. It is applicable to premises employing 10
person or more with aid of power or 20 or more persons without the aid of power
engaged in manufacturing process.
64. Liabilities of the Contractor
64.1 Accident Relief and workmen compensation:
The contractor should make all necessary arrangements for the safety of workmen on the
occurrence of the accident, which results in the injury or death of any of the workmen
employed by the contractor, the contractor shall within 24 hours of the happenings of the
accident and such accidents should intimate in writing to the Consultant and Incharge of
the Centre. The contractor shall indemnify Centre against all loss or damage sustained by
the Centre resulting directly or indirectly from his failure to give intimation in the manner
aforesaid including the penalties or fines if any payable by Centre as a consequence of
Centre failure to give notice under workmen’s compensation Act or otherwise conform to
the provisions of the said Act in regard to such accident.
64.2 In the event of an accident in respect of which compensation may become payable under
the workmen’s compensation Act VIII 23 whether by the contractor, by the Government it
shall be lawful for the Incharge to retain such sum of money which may in the opinion of
the Incharge be sufficient to meet such liability. The opinion of the Incharge shall be final
in regard to all matters arising under this clause.
64.3 The contractor shall at all times indemnify the Centre against all claims which may be
made under the workmen’s compensation act or any statutory modification thereafter or
rules there under or otherwise consequent of any damage or compensation payable in
consequent of any accident or injuries sustained or death of any workmen engaged in the
performance of the business relating to the contractor.
65. Contractor’s Staff, Representatives and Labour:
30
(a) The contractor shall, at all times, maintain on the works, staff of qualified Engineers, and
Supervisors of sufficient experience of similar other jobs to assure that the quality of work
turned out shall be as intended in the specifications. The contractor shall also maintain at
the works, a Work Manager or sufficient status, experience and office and duly authorize
him to deal with all aspects of the day-today work. All communications to any
commitments by the Work Manager shall be considered as binding on the Contractor.
(b) The Contractor shall at all times submit details of skilled and unskilled labour and
equipment employed to the Incharge in prescribed proforma as he may require to assess
and ensure the proper progress of work.
(c) If the contractor does not employ the technical person agreed to on the work a fine may be
imposed as decided by the Competent Authority.
66. Accommodation and food:
The contractor should arrange accommodation he needs, at his own cost. The contractor
shall make his own arrangements for supply of food grains, fuel and other provision to his
staff and labourers including controlled commodities.
67. Relationship :
Contractor shall have to furnish information along with tender, about the relationship he is
having with any officer of the Centre.
68. Protection of adjoining premises:
The contractor shall protect adjoining sites against structural, decorative and other damages
that could be caused by the execution of these works and make good at his cost any such
damages.
69. Work during night or on Sundays and holidays:
The works can be allowed to be carried out during night, Sundays or authorised holidays in
order to enable him to meet the schedule targets and the work shall require almost round
the clock working keeping in view:
(i) The provisions of relevant labour laws being adhered to:
(ii) Adequate lighting, supervision and safety measures are established to the satisfaction of the
and
(iii) The construction programme given by the Contractor and agreed upon by the envisages
such night working or working during Sundays or authorised holidays
70. Layout of materials stacks:
The contractor shall deposit materials for the purpose of the work on such parts only of the
ground as may be approved by the Incharge before starting work. A detailed survey,
clearly indicating position and areas where materials shall be stacked and sheds built is to
be conducted by the contractor at his own cost and only after obtaining necessary approval
of the plan for use of sites by the Incharge, the Contractor can use the sites accordingly.
71. Use of blasting materials:
Procurement of blasting materials and its storage is the responsibility of the contractor. The
contractor shall engage licensed blaster for blasting operation. The contractor is to act in
accordance with Indian Explosive Act and other rules prevailing, during the execution of
work. It is the responsibility of the contractor to see, that works by other agencies in the
vicinity are not hampered, in such cases if any claim is made by other agencies that should
be borne by the contractor. Carriage of blasting materials, from the magazine to the work
site, is the responsibility of the contractor.
72. Plant and Equipment:
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72.1 The contractor shall have sufficient plant, equipment and labour and shall work such hours
and shifts as may be necessary to maintain the progress on the work as per the approval
progress schedule. The working and shifts hours shall comply with the Govt. Regulations
in force.
72.2 It is to expressly and clearly understood that contractor shall make his own arrangements to
equip himself with all machinery and special tools and plant for the speedy and proper
execution of the work and the department does not undertake responsibility towards their
supply.
72.3 The department shall supply such of the machinery that may be available on hire basis but
their supply cannot be demanded as matter of right and no delay in progress can be
attributed to such non-supply of the plant by the department and the department cannot be
made liable for any damage to the contractor. The Contractor shall be responsible for safe
custody of the departmental machinery supplied to him (which will be delivered to
contractor at the machinery yard at site of work) and he has to make good all damages and
losses if any other than fire, wear and tear to bring it to the conditions that existed at the
time of issue to the contractor before handing over the same to the department. The hire
charges for the machinery handed over to the contractor will be recovered at the rate
prevalent at the time of supply. The contractor will have to execute supplemental
agreement with at the time of supply of the machinery.
72.4 The acceptance of departmental machinery on hire is optional to the contractor.
73. Steel forms:
Steel forms should be used for all items involving and use of centering and shuttering shall
be single plane without any dents and undulations.
32
77.2 The contractor shall promptly inform the Department and the Incharge of any error,
omission, fault and such defect in the design of or specifications for the works which are
discovered when reviewing the contract documents or in the process of execution of the
works.
77.3 If Contractor believes that a decision taken by the Incharge was either outside the authority
given to the Incharge by the Contract or that the decision was wrongly taken, the decision
shall be referred to the technical expert within 14 days of the notification of the Incharge’s
decisions.
77.4 Pending finalisation of disputes, the contractor shall proceed with execution of work with
all due diligence
78. Security measures:
a) Security requirements for the work shall be in accordance with the Government’s general
requirements including provisions of this clause and the Contractor shall conform to such
requirements and shall be held responsible for the actions of all his staff, employees and
the staff and employees of his sub-contractors
b) All contractors’ employees, representatives and sub-contractor’s employees shall wear
identifications badges provided by the contractor. Badges shall identify the contractor,
showing and employee’s number and shall be worn at all times while at the site. Individual
labour will not be required to wear identification badges.
c) All vehicles used by the contractor shall be clearly marked with contractor’s name.
d) The contractor shall be responsible for the security of the works for the duration of the
contract and shall provide and maintain continuously adequate security personnel to fulfil
these obligations. The requirements of security measures shall include, but not limited to
maintenance of order on the site, provision of all lighting, fencing, guard flagmen and all
other measures necessary for the protection of the works within the colonies, camps and
elsewhere on the site, all materials delivered to the site, all persons employed in connection
with the works continuously throughout working and non working period including nights,
Sundays and holidays for duration of the contract.
e) Other contractors working on the site concurrently with the contractor will provide security
for their own plant and materials. However, their security provisions shall in no way
relieve the contractor of his responsibilities in this respect.
f) Separate payment will not be made for provision of security services.
79. Fire fighting measures:
a) The contractor shall provide and maintain adequate fire fighting equipment and take
adequate fire precaution measures for the safety of all personnel and temporary and
permanent works and shall take action to prevent damage to destruction by fire of trees
shrubs and grasses.
b) Separate payment will not be made for the provision of fire prevention measures.
80. Sanitation:
The contractor shall implement the sanitary and watch and ward rules and regulations for
all forces employed under this contract and if the Contractor fails to enforce these rules, the
Incharge may enforce them at the expenses of the Contractor.
81. Training of personnel:
The contractor, shall, if and as directed by the Incharge provide free of any charge
adequate facilities, for vocational training of Government Officers, students, Engineers,
supervisors, foremen, skilled workmen etc. not exceeding six in number at any one time on
33
the contractor’s work. Their salaries, allowances etc. will be borne by the Government and
the training schemes will be drawn up by the Incharge in consultation with the contractor.
82. Ecological balance:
a) The contractor shall maintain ecological balance by preventing de-forestation, water
pollution and defacing of natural landscape. The contractor shall so conduct his
construction operation as to prevent any unnecessary destruction, scarring, or defacing of
the natural surrounding in the vicinity of the work. In respect of the ecological balance,
Contractor shall observe the following instructions.
i) Where unnecessary destruction, scarring, damage or defacing may occur, as result of the
operation, the same shall be repaired replanted or otherwise corrected at the contractor’s
expense. The contractor shall adopt precautions when using explosives, which will prevent
scattering of rocks or other debris outside the work area. All work area including borrow
areas shall be smoothened and graded in a manner to conform to the natural appearances of
the landscape as directed by the Incharge.
ii) All trees and shrubbery which are not specifically required to be cleared or removed for
construction purposes shall be preserved and shall be protected from any damage that may
be caused by the contractor’s construction operation and equipment. The removal of trees
and shrubs will be permitted only after prior approval by the Incharge. Special care shall be
exercised where trees or shrubs are exposed to injuries by construction equipment,
blasting, excavating, dumping, chemical damage or other operation and the contractor shall
adequately protect such trees by use of protective barriers or other methods approval by the
Incharge. Trees shall not be used for anchorages. The contractor shall be responsible for
injuries to trees and shrubs cause by his operations. The term “injury” shall include,
without limitation bruising, scarring, tearing and breaking of roots, trunks or branches. All
injured trees and shrubs be restored as nearly as practicable without delay to their original
condition at the contractor’s expense.
(iii) The contractor’s construction activities shall be performed by methods that will present
entrance or accidental spillage of solid matter contaminants, debris and other objectionable
pollutants and wastage into river. Such pollutant and waste include earth and earth
products, garbage, cement concrete, sewage effluent, industrial wastes, radio-active
substances, mercury, oil and other petroleum products, aggregate processing, mineral salts
and thermal pollution. Pollutants and wastes shall be disposed off in a manner and at sites
approved by the Incharge.
(iv) In conduct of construction activities and operation of equipments the contractor shall
utilize such practicable methods and devices as are reasonably available to control, prevent
and otherwise minimize the air pollution. The excessive omission of dust in to the
atmosphere will not be permitted during the manufacture, handling and storage of concrete
aggregates and the contractor shall use such methods and equipment as a necessary for
collection and disposal or prevention of dust during these operation. The contractor’s
methods of storing and handling cement shall also include means of eliminating
atmospheric discharges of dust, equipment and vehicles that give objectionable omission of
exhaust gases shall not be operated. Burning of materials resulting from clearing of trees,
bushes, combustible construction materials and rubbish may be permitted only when
atmospheric conditions for burning are considered favourable.
b) Separate payment will not be made for complying with the provisions of this clause and all
cost shall be deemed to have been included in the unit rates and prices included in the
contract if any provision is not complied with within a reasonable time even after issue of a
34
notice in this respect, the necessary operations would be carried out by the Incharge at the
cost of the Contractor, Orders of the Incharge in this respect would be final and binding on
the contractor.
83. Preservation of existing vegetation:
a) The contractor will preserve and protect all existing vegetation such as trees, on or adjacent
to the site which do not unreasonably interfere with the construction as may be determined
by the Incharge. The contractor will be held responsible for all unauthorized cutting or
damage of trees, including damage due to careless operation of equipment, stockpiling of
materials or tracking of grass areas by equipment. Care shall be taken by the Contractor in
felling tress authorised for removal to avoid any unnecessary damages to vegetation and
tress that are to remain in place and to structures under construction or in existence and to
workmen.
b) All the produce from such cutting of trees by the contractor shall remain the property of
Government and shall be properly stacked at site, approved by the Incharge. No payment
whatsoever, shall be made for such cutting and its stacking by the Contractor. If an produce
from such cutting is not handed over to the Government by the contractor, he shall be
charged for the same at the rates to be decided by the Incharge. The recovery of this
amount shall be made in full from the intermediate bill that follows.
c) The contractor shall also make arrangements of fuel deposits for supply of required fuel for
the labourer to be employed for cooking purpose at his own cost in order to prevent
destruction of vegetation growth in the surrounding area of the work site.
84. Possession prior to completion:
The Incharge shall have the right to take possession of or use any completed part of work
or works or any part there of under construction either temporarily or permanently. Such
possession or use shall not be deemed as an acceptance of any work either completed or
not completed in accordance with the contract, except where expressly otherwise specified
by the Incharge.
85. Payment upon termination:
If the contract is terminated because of a fundamental breach of contract by the contractor,
the Incharge shall issue a certificate for the value of the work done less advance payment
received upon the date of the issue of the certificate and less the rate 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 Department exceeds any payment due to the contractor
the difference shall be a debt payable to the Department. In case of default for payment
within 28 days from the date of issue of notice to the above effect, the contractor shall be
liable to pay interest at 12% per annum for the period of delay.
86. Access to the contractor’s books:
Whenever it is considered necessary by the Incharge to ascertain the actual cost of
execution of any particular extra item of work or supply of the plant or material on which
advance is to be made or of extra items or claims, he shall direct the contractor to produce
the relevant documents such as payrolls, records of personnel, invoices of materials and
any or all data relevant to the item or necessary to determine its cost etc. and the contractor
shall when so required furnish all information pertaining to the aforesaid items in the mode
and manner that may be specified by the Incharge.
87. Drawing to be kept at site:
One copy of the drawings furnished to the contractor shall be kept by the contractor on the
site and the same shall at all reasonable time be available for inspection and use by the
35
Incharge and the Incharge’s representative and by any other persons authorized by the
Incharge in writing.
88. B.I.S. [I.S.I.] books to be kept at site:
A complete set of Indian Standard specification referred to in “Technical Specifications”
shall be kept at site for reference.
89. Site Order Book:
An order book shall be kept at the site of the work. As far as possible, all orders regarding
the work are to be entered in this book. All entries shall be signed and dated by the
Department Officer in direct charge of the work and by the contractor or by his
representative. In important cases, the Incharge will countersign the entries, which have
been made. The order book shall not be removed from the work, except with the written
permission of the Incharge.
90. Variations by way of modification, omissions or additions:
For all modifications, omissions from or additions to the drawings and specifications, the
will issue revised plans, or written instructions, or both and no modification, omission or
addition shall be made unless so authorised and directed by the Incharge in writing. The
shall have the privilege of ordering modifications, omission or additions at any time before
the completion of the work and such orders shall not operate to annual those portions of the
specifications with which said changes do not conflict. ’s Decision:
It shall be accepted as in separable part of the contract that in matters regarding materials,
workmanship, removal of improper work, interpretation of the contract drawings and
contract specification, mode of the procedure and the carrying out o the work, the decision
of the Incharge, which shall be given in writing shall be binding on the contractor.
91. Income tax
a) During the currency of the contract deduction of income tax at 1 or 2 % shall be
made from the gross value of each bill of the contract, the contract value of which is
in excess of Rs. 10,000/- for deduction of tax at rates lower than 1 or 2 % procedure
stipulated under section 194-C(4) of Income Tax Act, 1961 shall be followed.
b) Income Tax clearance certificate should be furnished before the payment of final bill.
c) The contractor’s staff, personnel and labour will be liable to pay personnel income
taxes in respect of their salaries and wages as are chargeable under the laws and
regulations for the time being in force, and the contractor shall perform such duties
in regard to such deductions thereof as may be imposed on him by such laws and
regulations.
92. Goods and Service Tax (GST):
92.1. The Contractor has to pay the GST wherever payable.
92.2. The contractor should produce a valid GST Clearance Certificate before the payment
of the final bill, otherwise payment to the contractor will be withheld.
93. Supply of construction materials:
i) The contractor has to make his own arrangements for procurements, supply and use of
construction materials.
ii) All materials so procured should confirm to the relevant specifications indicated in the
bidding documents.
iii) The contractor shall follow all regulations of the Department/Government of India in
respect of import licenses etc., of the procurement of the materials is through imports and
he shall be responsible for the payment of applicable duties and taxes, port clearances,
inland transportation etc.
36
iv) The contractor shall make his own arrangements for adequate storage of the materials.
A Statement giving brief particulars of equipment and resources that will be put at the disposal of
the work under the following classification should accompany the tender
37
ADDITIONAL CONDITIONS TO TENDER NOTICE
A Statement giving brief particulars of equipment and resources that will be put at the disposal of
the work under the following classification should accompany the tender
38
GENERAL SPECIFICATIONS
1. General Specifications for Construction of Poultry Shed at MGIFRI, Motihari.
Size: 7mx4m
Sl Item Qty Unit
No.
1. Providing, driving with hydraulic piling rigs with power units and installing driven 24.00 m
cast-in-situ reinforced cement concrete piles of grade M-25 of specified diameter
and length below the pile cap, to carry safe working lode not less than specified,
excluding the cost of steel reinforcement but including the cost of shoe and the
length of pile to be embedded in the pile cap etc. all complete. (length of pile for
payment shall be measured from top of the shoe to the bottom of pile cap)
400 mm dia piles
2. Providing and laying in position cement concrete of specified grade excluding the 2.80 Cum
cost of shuttering and centring
1:2:4 (1 cement :2 coarse sand: 4 graded stone aggregates 20mm nominal size)
3. Brick work with common burnt clay F.P.S (non modular) bricks of class 5.60 Cum
designation 7.5 in foundation and plinth in.
Cement mortar 1.6 (1 cement : 6 coarse sand )
4. Dry brick on edge flooring in required pattern with bricks of class designation 7.5 29.82 Sqm
on a bed of 12mm mud mortar, including filing joints with sand, with common
burnt clay non modular bricks.
5. 15 mm cement plaster on the rough side of single of half brick wall of mix: 1:4 37.40 Sqm
( 1cement :4 fine sand )
6. 15mm cement plaster of half brick wall finished with a floating coat of neat cement 4.92 Sqm
of mix 1:3 (1 cement : 3 fine sand)
7. Steel work in built up tubular (round, square or rectangular hollow tube etc) trusses 452 Kg
etc including cutting, fixing, hoisting in positions and applying a priming coat of
approved steel primer including welding, bolted with special shaped washer etc
complete
8. Structural steel work riveted, bolted or welded in built up sections, trusses and 290 Kg
framed work, including cutting, hosting, fixing in position and applying a priming
coat of approved steel primer all complete.
9. Supplying and fixing welded steel wire mesh 25x25mm 10 Gauge, painted with two 30.40 Sqm
are more coats of enamel paint of approved shade over a coat of primer.
10. Providing corrugated G.S sheet roofing including vertical and curved surface fixed 36.78 Sqm
with polymer coated J or L hooks, bolts and nuts 8 mm diameter with bitumen and
G.I limpet washers or with G.I limpet washers filled with white lead, including a
coat of approved steel primer and two coats of approved paints on overlapping of
sheets complete (up to any pitch in horizontal/ vertical or curved surfaces)
0.80 mm thick with zinc coated not less than 275gm/m2
11. Providing ridges or hips of width 60 cm over all width plain G S sheet fixed with 7.60 m
polymer coated J or L hook bolts and nuts 8mm dia G I limpet and bitumen washer
complete
12. Providing and fixing 1mm thick M S Sheet door with frame of 40x40x6mm angle 2.70 Sqm
iron and 3mm M S gusset plates at the junctions and corners, all necessary fitting
complete, including applying two coats of synthetic enamel paint over one coat of
steel primer.
Using flats 30 x 6mm for diagonal braces and central cross piece
13. Supplying and filling in plinth with sand under floors including watering, ramming, 8.40 Cum
39
consolidating and dressing complete
14. Reinforce cement concrete work in wall (any thickness) including attached plasters, 1.68 Cum
buttresses, plinth and string courses fillets, columns, pillars, piers,abutments, post
and struts etc. Above plinth level up to floor five level excluding the cost of
cantering, shuttering, finishing and reinforcement
1:1.5:3 4 (1 cement :1.5 coarse sand: 3 graded stone aggregates 20mm nominal
size)
15. Steel reinforcement for R.C.C work including straightening, cutting bending, 300 Kg
placing in position and binding all complete in mild steel and medium tensile steel
bars.
16. Colour washing such as green, blue or buff to give an even shed on new work (two 37.40 Sqm
are more coats) with a base coat of white washing with lime.
2. General Specifications and Instructions for Electrical Work
1. I.E. RULES 1956: The installation shall generally be carried out in conformity with the
Indian Electricity rule 1956 as amended from time to time and National Electrical code
which contains specific regulations to be adhered to in the supply and use of electricity
energy in the interest of safety.
3. SYSTEM OF WIRING: The wiring shall be carried out on such a system as may be
specified in the conditions of contract. “Power wiring shall be kept separate and distinct
from lighting wiring. All conductors shall be run as far as possible along the walls and
ceiling, so as to be easily accessible for inspection. The balancing of circuits in 3 phase
40
7. The contractor himself should arrange for the transportation of men and material to their
work spot.
8. All Civil works and patch works indicated for providing electrical installations should be
well finished to the satisfaction of the authorities. A certificate from them should be
obtained to the effect that the Civil and patch work done is to the satisfaction of authorities.
It will be the responsibility of the electrical contractor to obtain such certificate from the
Engineer. Unless such certificate is produced this office will have right to with held the bill.
9. Concreting to the pole and providing independent earthing should be done in presence of
departmental staff.
10. The distribution boards with Switch controls shall be separate in each floor for normal
supply and essential supply.
11. The lighting circuits shall be provided with separate conductor to enable to connect the
normal lighting and essential lighting without linking to any of the above systems to ensure
to switch over to essential supply in order to have minimum lighting to avoid inconvenience
to the staff working.
12. The control for the luminaire to be provided in the hall for both to be connected to the
normal supply and essential supply shall be separate and away from the each system.
13. For the points to be connected to essential supply, a separate conduit system is to be laid as
enumerated in the above conditions includes circuit main of any system.
14. The locations for the D. B’s and Switch controls for essential supply will be decided during
the course of execution where the circuit conduit way have to be terminated.
15. The tenderer / agency is bound to supply the materials prescribed in Schedule – A and no
change of specification and make will be entertained. The tenderer has to survey the market
regarding availability of the materials for specified item brand / specified make in schedule –
A of the tender schedules before tendering for the work. In case of Discrepancy Final
Decision will be taken by the tender accepting authority.
16. The tenderer has to furnish the copy of the relevant test certificates /delivery challan against
the materials supplied in support of genuine electrical materials.
17. Tenderer has to furnish compliance report comprising the details of the testing of the
installation duly indicating IR values and fitness before the Energisation as per IE rules and
he is solely responsible after Energisation of the installation during the defect liability.
18. It is bounded duty of the tenderer to see that the site is taken over after issue of the work
order or after signing the agreement and should commence the work without delay. Any
failure in this regard will be viewed seriously and necessary penalty will be levied as per
agreement conditions.
19. The tenderer has to keep the necessary test equipment at site at his own cost for the
convenience of the inspecting officers till the work is completed.
Drawings
1. Discrepancies
1.1 In case of discrepancies between documents the following order of procedure shall apply:-
1.1.1 Between the written description of written dimensions in the drawings and the
corresponding one in the specifications, the latter shall apply.
1.1.2 Figured dimensions shall supersede scaled dimensions. The drawings on a larger scale
shall take precedence over those on a smaller scale.
1.1.3 Drawings issued as construction drawings from time to time shall supersede tender
drawings and also the correspondence drawings previously issued.
41
Note: The contractor should not execute any component of work without obtaining the working
drawings. Any work done without drawings shall be at the contractor’s responsibility only.
Acceptance for such work will be at the discretion of the Incharge.
2.0 SECRECY CLAUSE
The drawings and specifications made available to the tenderer shall exclusively be used
on the work and they are retained from passing on each plan to any unauthorized hand
either in parts or in full under the provisions of Section-3 and 5 of the official secrets Act
1923. Any violation in this regard will entail suitable action under appropriate clause or
official secret Act 1923.
3. The Drawings enclosed to the tender are as follows:
a. Site plan and Building Plan (as per page No.).
42
BILL OF QUANTITIES
Name of work: Construction of Poultry Shed at MGIFRI, Motihari.
PREAMBLE
1. The Bill of Quantities shall be read in conjunction with the instructions to Tenderers,
General and Special conditions of Contract Technical Specifications and Drawings.
2. The quantities given in the Bill of Quantities are estimated and provisional and are given to
provide common basis for tendering. The quantities here given are those upon which the
lumpsum tender cost of the work is based but they are subject to alterations, omissions,
deductions or additions as provided for in the conditions of this contract and do not
necessarily show the actual quantities of work to be done. The basis of payment will be
actual quantities of work ordered and carried out as measured by the Contractor and
verified by the Engineer and valued at the estimate rate plus or Bill of Quantities where
applicable, and otherwise at such rates and prices as the Incharge may fix within the terms
of Contract.
3. The estimate rates in the Bill of Quantities shall, except in so-far as it is otherwise provided
under the Contract include cost of all constructional material, labour, machinery,
transportation, erection, maintenance, profit, taxes and duties together with all general
risks, liabilities and obligations set out or implied in the Contract.
4. The plans enclosed with the tender are liable to be altered during execution of work as per
necessity of site conditions. The Tender rate quoted by the tenderer shall hold good for
execution of work even with altered plans.
5. The whole cost of complying with the provisions of the Contract shall be included in the
estimated rates for items provided in the Bill of Quantities and where no items are provided
in the Bill of Quantities, their cost shall be deemed to be distributed among the estimate
rates entered for the related items of work.
6. General directions and descriptions of work and materials are not necessarily repeated nor
summarised in the Bill of Quantities. References to the relevant sections of the Contract
documentation shall be made before entering estimate rate against each item in the Bill of
Quantities.
7. The method of measurements of completed work for payment shall be in accordance with
the relevant B.I.S. Codes.
8. All items of work are to be executed as per the drawings / specifications supplied with the
contract documents.
If there is any contradiction between the drawings and the text of the specifications, the
later shall prevail.
9. The Tenderer should inspect and select the quarries of his choice before he quotes the
tender rate in the Schedule of Bill of Quantities and satisfy himself about the availability of
required quantum of materials.
10. Diversion drains should be excavated before completion of the embankments and the
useful soils should be used in the nearby embankments.
11. The actual mix proportion by weight to be adopted during execution will be got designed
in the laboratories to suit the grade of concrete and mortar to be used. It will be the
responsibility of the contractor to manufacture concrete and mortar of required strength.
12. The quantum of measurement for all items of earthwork involving conveyance manually or
by machinery shall be as assessed by level measurement. The measurements for the
embankment will be for the consolidated banks only.
43
13. Wherever bailing out of water is involved either for excavation or for foundations or for
constructions, the rate quoted shall take into account the dewatering charges necessary. No
separate payment will be made for dewatering.
14. Wherever embankment work is involved, useful soils approved by the Incharge from the
cutting reaches and diversion drains shall be taken and used for forming nearby
embankments soils used for constructions will be at free of cost.
15. The quoted tender rates shall also include the work of any kind necessary for the due and
satisfactory construction, completion and maintenance of the works according to the
drawings and these specifications and further drawings and orders that may be issued by
the Incharge from time to time. The quoted tender rate shall include compliance by the
Contractor with all the general conditions of contract, whether specifically mentioned or
not in the various clauses of these specifications, all materials, machinery, plant,
equipment, tools, fuel, water, strutting, timbering, transport, offices, stores, workshop staff,
labour and the provision of proper and sufficient protective works, diversions, temporary
fencing and lighting. It shall also include safety of workers, first aid equipments suitable
accommodation for the staff and workmen, with adequate sanitary arrangements, the
effecting and maintenance of all insurances, the payment of all wages, salaries, fees,
royalties / Taxes, duties or other charges arising out of the execution of works and the
regular clearance of rubbish, reinstatement and clearing-up of the site as may be required
on completion of works safety of the public and protection of the works and adjoining
land. The work of Building in quality control / assurance shall be deemed to be covered in
the quoted rate.
16. The Contractor shall ensure that, the quoted tender r a t e shall cover all stages of work
such as setting out, selection of materials, selection of construction methods, selection of
equipment and plant, deployment of personnel and supervisory staff, quality control testing
etc. The work quality assurance shall be deemed to be covered in the tender rate.
17. a) The special attention of the tenderer is drawn to the conditions in the tender notices and
the Standard preliminary specifications containing therein. These preliminary
specifications shall apply to the agreement to be entered into between the contractor and
the MGIFRI and shall form an in-separable condition of the contract along with the
estimate. All these documents taken together shall be deemed to form one contract and
shall be complimentary to another.
b) The tenderer shall examine, closely the BIS also the standard preliminary specifications
contained therein and sign the Incharge office copy of the BIS and its addenda volume in
token of such study before submitting his overall tender rate which shall be for finished
work in-situ. He shall also carefully study the drawings and additional specifications and
all the documents, which form part of the agreement to be entered into by the successful
tenderer.
18. The tenderers attention is directed to requirements for materials conforming to the Bureau
of Indian Standards specifications etc., shall be used on the work and the tenderers shall
quote his overall tender rate accordingly.
19. The tenderer has to do his own testing of materials and satisfy himself that they conform to
the specifications of respective I.S.I. Codes before tendering.
20. The contractor shall himself procure the required construction materials of approved
quality including the earth for formation of embankment and water from quarries / sources
of his choice. All such quarries / sources of materials required for the work shall be got
approved by the Incharge in writing well before their use of the work.
44
21. The contractor shall himself procure the steel, cement, Bitumen, Blasting materials, sand,
metal, soils, etc., and such other materials required for the work well in advance. The
contractor has to bear the cost of materials for conveyance. The department will not take
any responsibility for fluctuations in market in cost of the materials, transportation and for
loss of materials etc.
22. Inspection of site and quarries by the tenderer: Every tenderer is expected before quoting
his overall tender rate, to inspect the site of proposed work. He should also inspect the
quarries and satisfy himself about the quality, and availability of materials. The best class
of materials to be obtained from quarries, or other sources shall be used on the work. In
every case the materials must comply with the relevant standard specifications. Samples of
materials as called for in the standard specifications or in this tender notice, or as required
by the, in any case, shall be submitted for the ’s approval before the supply to site of work
is begun.
23. The tenderer’s particular attention is drawn to the sections and clauses in the BIS/CPWD
specification dealing with
a) Test, inspection and rejection of defective materials and work.
b) Carriage
c) Construction plant
d) Water and lighting
e) Cleaning up during the progress and for delivery.
f) Accidents
g) Delays
h) Particulars of payments.
The contractor should closely peruse all the specification clauses, which govern the overall
tender rate he is tendering.
24. The defect liability period of contract in terms of GO Ms No: 8, T(R&B)Dept.dated:
8.1.2003 is twenty four months.
25. The estimate rates for items shown in the Schedule “A” include all construction materials.
No escalation in rates will be paid unless specified in the tender document. The tenderer
has to quote an overall tender rate considering all the aspects of the tender to complete the
finished item of work as per the B.I.S. specifications, the special specifications appended,
Drawings etc.
26. If there is any contradiction between UE / and B.I.S. specifications, listed and detailed
technical specifications, the latter shall prevail.
27. In case of a job for which specifications are not available with the Schedule or in B.I.S.
code and are required to be prescribed, such work shall be carried out in accordance with
the written instructions of the Incharge.
28. The contractor should use the excavated useful soils and stone for construction purpose.
Soils used for construction either for homogeneous section in hearting or in casing zone
based on the suitability will be at free of cost and the cost of stone used for construction
purpose will be recovered from the contractor’s bill.
The contractor should quote his tender rate keeping in view of the above aspects.
29. Additions and alternations by the Tenderer in the Schedule of quantities will disqualify the
tender.
30. In the case of discrepancies between the written description of the item in the Schedule
“A” and the detailed description in the specification of the same item, the latter shall be
adopted.
45
31. The Unit rates noted below are those governing payment of extras or deductions for
omissions according to the conditions or the contract as set-forth in the preliminary
specifications of the Indian standard specifications and other conditions of specification of
this contract.
32. It is to be expressly understood that the measured work is to be taken according to the
actual quantities when in place and finished according to the drawings or as may be
ordered from time to time by the and the cost calculated by measurement or weight at their
respective rates without any additional charge for any necessary or contingent works
connected works connected herewith. The rate quoted are for works in situ and complete in
every respect.
33. For all items of work in excess of the quantities indicated the rates payable for such excess
quantities will be tendered rates.
34. For all items of work, intermediate payment will be made provisionally as per relevant
clause. Full-accepted agreement rates will be paid only after all the items of works are
completed.
35. The contractor is bound to execute all supplemental works that are found essential
incidental and inevitable during execution of main work.
36. The payment of rates for supplement items of work will be regulated as under.
Supplemental items directly deductible from similar items in the original agreement.
The rates shall be derived by adding to or subtracting from the agreement rate of such
similar item the cost of the difference in the quantity of materials labour between the new
items and similar items in the agreement worked out with reference to the schedule of rates
adopted in the sanctioned estimate with which the tenders are compared.
a) Similar items but the rates of which cannot be directly deducted from the original
agreement.
b) Purely new items which do not correspond to any item in the agreement.
The rate of all such items shall be overall tender rate.
37. ENTRUSTMENT OF ADDITIONAL ITEMS.
a) Where ever additional items not contingent on the main work and outside the scope of
original agreement are to be entrusted to the original contractor dispensing with tenders
and if the value of such items exceeds the limits upto which the officer is empowered to
entrust works initially to contractor without calling for tenders approval of next higher
authority shall be obtained. Entrustment of all such items on nomination shall be rates not
exceeding the estimate rates.
b) Entrustment of supplement items contingent on the main work will be authorised by the
officers upto the monetary limits upto which they themselves are competent to accept items
in the original agreement so long as the total amounts upto which they are competent to
accept in an original agreement rates for such items shall be worked in accordance with the
procedure prescribed by CPWD.
c) Entrustment of either the additional supplemental items shall be further subject to the
provisions under CPWD Code viz., the items shall not be ordered by an officer on his own
responsibility if the revised estimate or deviation statement providing for the same requires
the sanction of higher authority.
Note: It may be noted that the term estimate rate used above means the rate in the sanctioned
estimate with which the tender’s compared or if no such rate is available in the estimate the
rate derived will be with reference to the schedule of rates adopted in the sanctioned
estimate with which tenders are compared.
46
CONTRACT FORM
WHEREAS the Employer is desirous that the Contractor executes the Work of:-
3. The Employer hereby covenants to pay the Contractor in consideration of the execution
and completion of the works and in remedying the defects wherein the Contract Price or
such other sum as may become payable under the provisions of the Contract at the times
and in the manner prescribed by the Contract.
4. The following documents shall be deemed to form and be read and construed as part of
this Contract, viz.:
i) Letter of Acceptance
ii) Notice to proceed with the works
iii) Contractor’s Bid
iv) Bidding data
v) General conditions of contract (including special conditions of contract)
vi) Specifications
vii) Drawings
viii) Bill of quantities
ix) Any other documents listed in the contract data as forming part of the contract
47
IN WITNESS WHEREOF the Parties have caused this Contract to be executed the day and year
first before written.
(……………)
OSD, Mahatma Gandhi Integrated Farming Research Institute
(for and on behalf of the President of ICAR, India)
In the presence of
(Witnesses)
1.
2.
48
MODEL BANK GUARANTEE FORMAT FOR FURNISHING EMD
(1) If the tenderer withdraws or amends, impairs or derogates from the tender in any respect
within the period of validity of this tender.
(2) If the tenderer having been notified of the acceptance of his tender by the Purchaser
during the period of its validity:-
a) If the tenderer fails to furnish the Performance Security for the due performance
of the contract.
b) Fails or refuses to accept/execute the contract.
WE undertake to pay the Purchaser up to the above amount upon receipt of its first
written demand, without the Purchaser having to substantiate its demand, provided that in its
demand the Purchaser will note that the amount claimed by it is due to it owing to the occurrence
of one or both the two conditions, specifying the occurred condition or conditions.
This guarantee will remain in force upto and including 45 days after the period of tender
validity and any demand in respect thereof should reach the Bank not later than the above date.
………………………………………………….
(Signature of the authorized officer of the Bank)
………………………………………………………….
………………………………………………………….
Name and designation of the officer
……………………………………………………………….
Seal, name & address of the Bank and address of the Branch
49
MODEL BANK GUARANTEE FORMAT FOR PERFORMANCE SECURITY
To,
The OSD, MGIFRI,
ICAR-RCER, ICAR Parisar,
P/o – BVCC, Patna – 800 014 (BIHAR).
AND WHEREAS it has been stipulated by you in the said contract that the supplier shall
furnish you with a bank guarantee by a scheduled commercial recognized by you for the sum
specified therein as security for compliance with its obligations in accordance with the contract;
AND WHEREAS we have agreed to give the supplier such a bank guarantee;
NOW THEREFORE we hereby affirm that we are guarantors and responsible to you, on
behalf of the supplier, up to a total of
Rs……………………………………………………………(amount of the guarantee in words
and figures), and we undertake to pay you, upon your first written demand declaring the supplier
to be in default under the contract and without cavil or argument, any sum or sums within the
limits of (amount of guarantee) as aforesaid, without your needing to prove or to show grounds
or reasons for your demand or the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the supplier before
presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the
contract to be performed thereunder or of any of the contract documents which may be made
between you and the supplier shall in any way release us from any liability under this guarantee
and we hereby waive notice of any such change, addition or modification.
This guarantee shall be valid until the ….. day of ………, 20……
…………………..…………………………….
(Signature of the authorized officer of the Bank)
………………………………………………………….
Name and designation of the officer
………………………………………………………….
………………………………………………………….
Seal, name & address of the Bank and address of the Branch
50
Annexure-I
51
Annexure-II
Name -----------------------------------------
Designation----------------------------------
Place -----------------------------------------
Date -----------------------------------------
52
Annexure-III
a Bank Name
b Branch Address
c Account No.
d Type of Account
(Current/Savings)
e MICR No.
f RTGS/NEFT Code
53
Annexure IV
TENDER ACCEPTANCE LETTER
(To be given on Company Letter Head)
Date:
To,
The OSD
Mahatma Gandhi Integrated Farming Research Institute
ICAR Research Complex for Eastern Region,
ICAR Parisar, P.O.: Bihar Veterinary College,
Patna – 800 014 (BIHAR) INDIA
Sub: Acceptance of Terms & Conditions of Tender for Construction of Poultry Shed at
MGIFRI, Motihari.
Tender Reference No: ________________________
Tender Id:-……………………………………………….
Dear Sir,
i. I/ We have downloaded / obtained the tender document(s) for the ‘Tender/Work’ of
Construction of Poultry Shed at MGIFRI, Motihari from the web site(s) namely:
____________________________________________________________________________.
iii. The corrigendum(s) issued from time to time by your department/ organization too has
also been taken into consideration, while submitting this acceptance letter.
iv. I / We hereby unconditionally accept the tender conditions of above mentioned tender
document(s) / corrigendum(s) in its totality / entirety.
v. I / We do hereby declare that our Firm has not been blacklisted/ debarred by any Govt.
Department/Autonomous Body/Organization/Public sector undertaking.
vi. I / We certify that all information furnished by the our Firm is true & correct and in the
event that the information is found to be incorrect/untrue or found violated, then your
department/ organization shall without giving any notice or reason therefore or summarily reject
the bid or terminate the contract, without prejudice to any other rights or remedy including the
forfeiture of the full said earnest money deposit absolutely.
Yours Faithfully,
54
Annexure V
(To be given on Company Letter Head)
Date: ……………
To,
The OSD
Mahatma Gandhi Integrated Farming Research Institute
ICAR Research Complex for Eastern Region,
ICAR Parisar, P.O.: Bihar Veterinary College,
Patna – 800 014 (BIHAR) INDIA
Sir,
I / We do hereby tender and if this tender be accepted, under take to execute the work entitled
“Construction of Poultry Shed at MGIFRI, Motihari” as shown in the drawings and as per
specifications described in this document of MGIFRI, Motihari for the sum of Rs. 3.07 lakhs or
such other sum as may be arrived under the clause of the standard preliminary specifications
relating to “Payment by final measurement at unit rates”.
I/WE have also quoted rates for which I/We agree to execute the work when the lumpsum
payment under the terms of the agreement is varied by payment on measurement quantities.
I/WE agreed to keep the offer in this tender valid a period of six month(s) mentioned in the
tender notice and not to modify the whole or any part of it for any reason within above period. If
the tender is withdrawn by me/us for any reasons whatsoever, the earnest money paid by me/us
will be forfeited to Government.
I/WE hereby distinctly and expressly, declare and acknowledge that, before the submission of
my/our tender I/We have carefully followed the instructions in the tender notice and have read
the preliminary specifications and that I/We have made such examination of the contract
documents and the plans, specifications and quantities and of the location where the said work is
to be done, and such investigation of the work required to be done, and in regard to the material
required to be furnished as to enable me/us to thoroughly understand the intention of same and
the requirements, covenants, agreements, stipulations and restrictions contained in the contract,
and in the said plans and specifications and distinctly agree that I/We will not hereafter make any
claim or demand upon the Government based upon or arising out of any alleged
misunderstanding or misconception /or mistake on my/or our part of the said requirement,
covenants, agreements, stipulations, restrictions and conditions.
I / WE enclosed to my/our application for tender schedule a crossed demand draft (No.________
dated: ___________) for Rs: ______________________________________________________
as earnest money not to bear interest.
I / WE shall not assign the contractor or sublet any portion of the same. In case if it becomes
necessary such subletting with the permission of the shall be limited to (1) Labour contract, (2)
Material contract, (3) Transport contract and (4) Engaging specialists for special item of work.
IF MY / OUR tender is not accepted the sum shall be returned to me/us on application when
intimation is sent to me/us of rejection or at the expiration of three months from last date of
receipt of this tender, whichever is earlier. If my/our tender is accepted the earnest money shall
be retained by the Government as security for the due fulfillment of this contract. If upon written
intimation to me/us by the Office, I/We fail to attend the said office on the date herein fixed or if
upon intimation being given to me/us or acceptance of my/our tender, and if I/We fail to make
the additional security deposit or to enter into the required agreement as defined in tender
55
document, then I/We agree the forfeiture of the earnest money. Any notice required to be served
on me/us here under shall be sufficiently served on me/us if delivered to me/us hereunder shall
be sufficiently served on me/us if delivered to me/us personally or forwarded to me/us by post to
(registered or ordinary) or left at my/our address given herein. Such notice shall if sent by post be
deemed to have been served on me/us at the time when in due course of post it would be
delivered at the address to which it is sent.
I/WE fully understand that the written agreement to be entered into between me/us and
Government shall be the foundation of the rights of the both the parties and the contract shall not
be deemed to be complete until the agreement has first been signed by me/us and then by the
proper officer authorized to enter into contract on behalf of Government.
I AM/WE ARE professionally qualified and my/our qualifications are given below:
I/WE will employ the following technical staff for supervising the work and will see that one of
them is always at site during working hours, personally checking all items of works and paint
extra attention to such works as required special attention (eg) Main panel boards, Cable
connections etc.,
I / WE declare that I / WE agree to recover the salaries of the technical staff actually engaged on
the work by the department, from the work bills, if I / We fail to employ technical staff as per the
tender condition.
(1) I/WE hereby declare that I/We have perused in detail and examined closely the Indian
Standard Specifications, all clauses of the preliminary specifications with all amendments
and have either examined all the standards specifications or will examine all the standard
specifications for items for which I/We tender, before I/We submit such tender and agree
to be bound and comply with all such specifications for this agreement which I/We
execute in the different Government Departments.
(2) I/WE certify that I/We have inspected the site of the work before quoting my price, I /We
have satisfied about the quality, availability and transport facilities for all the materials.
(3) I / WE am/are prepared to furnish detailed data in support of all my quoted rates, if and
when called upon to do so without any reservations.
(4) I / WE hereby declare that I / We will not claim any price escalation.
(5) I / WE hereby declare that I am / We are accepting for the defect liability period as 24
months.
56
(6) I / WE declare that I / WE will not claim any extra amount towards any material used for
the work other than the quoted works for respective schedule ‘A’ items.
(7) I / WE declare that I / WE will execute the work as per the mile stone programme, and if
I / WE fail to complete the work as per the mile stone programme I abide by the
condition to recover liquidated damages as per the tender conditions.
(8) I / WE declare that I / WE will abide for settlement of disputes as per the tender
conditions.
1) I/WE have not been black listed in any department due to any reasons.
2) I/We declare that all the Certificates/Documents submitted by Me/US are Genuine.
3) I/WE agree to disqualify me/us for any wrong declaration in respect of the above and to
summarily reject my/our tender.
57
Annexure VI
(To be given on Company Letter Head)
Date: ……………
This is to certify that my existing work commitment will not adversely affect my
capacity to carry out the work of “Construction of Poultry Shed at MGIFRI, Motihari”.
58
Annexure VII
UNDERTAKING
2. I have thoroughly examined and understood all the terms and conditions as
contained in the Tender document, and agree to abide by them.
3. I offer the rate(s) as indicated in the Financial Bid inclusive of all applicable
charges, duties and taxes except Goods and Service Tax. The rates are in Indian
Rupee.
5. I also agree that the quoted rates shall remain firm throughout the tenure of the
contract and no revision will be considered for any reason.
Place:
SIGNATURE OF BIDDER & STAMP
Date:
59
INSTRUCTIONS FOR ONLINE BID SUBMISSION:
As per the directives of Department of Expenditure, this tender document has been
published on the Central Public Procurement Portal (URL: http://eprocure.gov.in). The bidders
are required to submit soft copies of their bids electronically on the CPP Portal, using valid
Digital Signature Certificates. The instructions given below are meant to assist the bidders in
registering on the CPP Portal, prepare their bids in accordance with the requirements and
submitting their bids online on the CPP Portal.
More information useful for submitting online bids on the CPP Portal may be obtained at:
https://eprocure.gov.in/eprocure/app
REGISTRATION:
1) Bidders are required to enroll on the e-Procurement module of the Central Public
Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the link
“Click here to Enroll”. Enrolment on the CPP Portal is free of charge.
2) As part of the enrolment process, the bidders will be required to choose a unique
username and assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile numbers as part of
the registration process. These would be used for any communication from the CPP
Portal.
4) Upon enrolment, the bidders will be required to register their valid Digital Signature
Certificate (Class II or Class III Certificates with signing key usage) issued by any
Certifying Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudhra etc.),
with their profile.
5) Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSCs to others which may lead to
misuse.
6) Bidder then logs in to the site through the secured log-in by entering their userID /
password and the password of the DSC / eToken.
1) There are various search options built in the CPP Portal, to facilitate bidders to search
active tenders by several parameters. These parameters could include Tender ID,
organization name, location, date, value, etc. There is also an option of advanced search
for tenders, wherein the bidders may combine a number of search parameters such as
organization name, form of contract, location, date, other keywords etc. to search for a
tender published on the CPP Portal.
2) Once the bidders have selected the tenders they are interested in, they may download the
required documents / tender schedules. These tenders can be moved to the respective
„My Tenders‟ folder.
This would enable the CPP Portal to intimate the bidders through SMS / e-mail in case
there is any corrigendum issued to the tender document.
3) The bidder should make a note of the unique Tender ID assigned to each tender, in case
they want to obtain any clarification / help from the Helpdesk.
PREPARATION OF BIDS:
1) Bidder should take into account any corrigendum published on the tender document
before submitting their bids.
60
2) Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please note the
number of covers in which the bid documents have to be submitted, the number of
documents – including the names and content of each of the document that need to be
submitted. Any deviations from these may lead to rejection of the bid.
3) Bidder, in advance, should get ready the bid documents to be submitted as indicated in
the tender document / schedule and generally, they can be in PDF / XLS / RAR / DWF
formats. Bid documents may be scanned with 100 dpi with black and white option.
4) To avoid the time and effort required in uploading the same set of standard documents
which are required to be submitted as a part of every bid, a provision of uploading such
standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has
been provided to the bidders. Bidders can use “My Space” area available to them to
upload such documents. These documents may be directly submitted from the “My
Space” area while submitting a bid, and need not be uploaded again and again. This will
lead to a reduction in the time required for bid submission process.
SUBMISSION OF BIDS:
1) Bidder should log into the site well in advance for bid submission so that he/she upload
the bid in time i.e. on or before the bid submission time. Bidder will be responsible for
any delay due to other issues.
2) The bidder has to digitally sign and upload the required bid documents one by one as
indicated in the tender document.
3) A standard BoQ format has been provided with the tender document to be filled by all the
bidders. Bidders are requested to note that they should necessarily submit their financial
bids in the format provided and no other format is acceptable. Bidders are required to
download the BoQ file, open it and complete the while coloured (unprotected) cells with
their respective financial quotes and other details (such as name of the bidder). No other
cells should be changed. Once the details have been completed, the bidder should save it
and submit it online, without changing the filename. If the BoQ file is found to be
modified by the bidder, the bid will be rejected.
4) The serve time (which is displayed on the bidders‟ dashboard) will be considered as the
standard time for referencing the deadlines for submission of the bids by the bidders,
opening of bids etc. The bidders should follow this time during bid submission.
5) All the documents being submitted by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered cannot be
viewed by unauthorized persons until the time of bid opening. The confidentiality of the
bids is maintained using the secured Socket Layer 128 bit encryption technology. Data
storage encryption of sensitive fields is done.
6) The uploaded tender documents become readable only after the tender opening by the
authorized bid openers.
7) Upon the successful and timely submission of bids, the portal will give a successful bid
submission message & a bid summary will be displayed with the bid no. and the date &
time of submission of the bid with all other relevant details.
8) The bid summary has to be printed and kept as an acknowledgement of the submission
of the bid. This acknowledgement may be used as an entry pass for any bid opening
meetings.
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ASSISTANCE TO BIDDERS:
1) Any queries relating to the tender document and the terms and conditions contained
therein should be addressed to the Tender Inviting Authority for a tender or the relevant
contact person indicated in the tender.
Any queries relating to the process of online bid submission or queries relating to CPP Portal in
general may be directed to the 24x7 CPP Portal Helpdesk. The contact number for the helpdesk
is 1800 233 7315.
For any technical related queries please call the Helpdesk, Mobile Number -
E-mail: support-eproc[at]nic[dot]in
Note: Bidders are requested to kindly mention the URL of the Portal and Tender Id in the subject
while emailing any issue along with the Contact details.
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