Vol. I Techno Commercial
Vol. I Techno Commercial
Vol. I Techno Commercial
TENDER DOCUMENT
FOR
VOLUME – I
(TECHNO-COMMERCIAL)
Tender Enquiry No.: HO(Contracts)/R&D/Roofing/2020/224 Dt. 22/05/2020
CONTENTS
VOLUME – I TECHNO-COMMERCIAL
VOLUME – II TECHNICAL SPECIFICATIONS
VOLUME – III PRICE CHEDULE
VOLUME – I
Serial no Description Page numbers
1 Schedule of Tender 03
2 Important Instructions for e- Procurement 06
3 Check List 10
4 Press Notification 12
5 Details of tender Enquiry 13
6 Notice Inviting Tender (NIT) 15
7 Instructions to Tenderers (ITT) 20
8 General Conditions of Contract (GCC) 42
9 Tender proposal Forms 100
10 Special Conditions of Contract (SCC) 115
SCHEDULE OF TENDER (SOT)
e-Tender under three-bid system i.e. Part I – EMD & Tender Fee, Part II – Letter of Undertaking &
Techno Commercial Bid and Part III - Price Bid are invited from prospective domestic, experienced,
qualified and eligible bidders who fulfill the Pre-Qualification Criteria for the work of “Providing Pre-
Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D Centre, Habsiguda, Uppal,
Hyderabad”.
14. Validity of offer Six months from the date of opening the tenders.
Important Instructions for E-procurement
1. Process of E-tender:
SPECIAL NOTE:
THE PRICE BID AND THE COMMERCIAL BID HAS TO BE SUBMITTED ON- LINE AT
https://www.mstcecommerce.com/eprochome/nmdc/
2). Contractors will receive a system generated mail confirming their registration in their email
which has been provided during filling the registration form.
In case of any clarification, please contact MSTC Limited, (before the scheduled closing time of
the e- tender).
B) System Requirement:
The following requirements need to be fulfilled for optimum use of MSTC e-
procurement system.
,
d.) PART – II: Techno-Commercial bid will be opened electronically whose Part I
Commercial Bid is found to be Commercially acceptable to NMDC Ltd on specified date
and time as given in the NIT. Bidder(s) can witness electronic opening of bid.
e.) PART - III:
After submitting Cover I & Cover II, the vendor needs to do the following:
1. Click on ‘Download Price’ and download the Price Schedule (Excel Document).
2. Bidder needs to fill up price only in the unprotected cells in the Excel sheet(s) offline
and save the file without renaming the file name. Bidder should not modify the
protected cells. Please note System will not accept the renamed/modified file.
3. Click on ‘Upload Price’ Button to upload the filled up excel file.
4. Click on ‘Final Submission’ to submit the tender.
NOTE: Bidder should not modify the filename OR file extension. It may be noted
that if any corrupted/ Bad/ Macro enabled file is uploaded at the time of price bid,
System will not be able to open/read such corrupted/ Bad/ Macro enabled file.
Such bids will be liable for rejection.
Price bid will be opened electronically of only those bidder(s) whose Part B Techno-
Commercial Bid is found to be Techno-Commercially acceptable to NMDC Ltd. Such
bidder(s) will be intimated the date of opening of Part C Price bid, through valid email
confirmed by them. The Bidders are advised to offer their most competitive prices while
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submitting the price bid.
f.) All entries in the tender should be entered in online Technical & Commercial Formats
without any ambiguity.
g.) Bidders are instructed to use upload Docs button against each clause in PART - I and
PART - II under event number selected. Multiple documents can be uploaded.
Maximum size of single document for upload is 5 MB.
h.) All notices and correspondence to the bidder(s) shall be sent through email during the
process till finalization of tender by NMDC Ltd. Hence the bidders are required to
ensure that their email I.D. provided is valid and updated at the stage of registration of
vendor. Bidders are also requested to ensure validity of their DSC (Digital Signature
Certificate).
i.) Please note that there is no provision to take out the list of parties who are
downloading the Tender document from the web site mentioned in NIT. As such,
bidders are requested to see the web site once again before the due date of tender
opening to ensure that they have not missed any corrigendum uploaded against the
said tender after downloading the tender document. The responsibility of
downloading the related corrigenda, if any, will be that of the bidders.
j.) No separate intimation in respect of corrigendum to this NIT (if any) will be sent to
bidders who have downloaded the documents from web site. Please see website
www.mstcecommerce.com/eprochome/nmdc of MSTC Ltd. or www.nmdc.co.in of
NMDC Ltd
k.) E-tender cannot be accessed after the due date and time mentioned in NIT.
l.) In all cases, bidders should use their own ID and Password along with Digital
Signature at the time of submission of their bid.
m.) During the entire e-tender process, the bidders will remain completely anonymous to
one another and also to everybody else.
n.) The e-tender floor shall remain open from the pre-announced date & time and for as
much duration as mentioned.
o.) All electronic bids submitted during the e-tender process shall be legally binding on
the bidders. Any bid will be considered as the valid bid offered by that bidder and
acceptance of the same by NMDC Limited will form a binding contract between NMDC
Ltd and the Bidder for execution of work. Such successful bidder shall be called
hereafter Contractor.
p.) It is mandatory that all the bids are submitted with digital signature certificate otherwise
the same will not be accepted by the system.
q.) NMDC Ltd reserves the right to cancel or reject or accept or withdraw or extend the
tender in full or part as the case may be without assigning any reason thereof.
r.) No deviation in the terms and conditions of the tender document is acceptable.
Submission of bid in the e-tender floor by any bidder confirms his acceptance of
terms & conditions of the tender.
s.) Unit of Measure (UOM) is indicated in the e-tender Floor. Rate to be quoted as per
UOM/currency indicated in the e-tender floor/tender document.
Please note below MSTC contact details with escalation matrix:
10
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
e-Tender Notification
E-tenders in three bid systems are invited for the work of “Providing Pre-Coated GI
Sheet Roofing of Main Pilot Plant at NMDC R&D Centre, Habsiguda, Uppal, Hyderabad”
on item rate basis from prospective domestic, experienced, qualified and eligible bidders
who fulfill the Pre-Qualification Criteria.
The tenderers are required to visit the above mentioned websites for corrigendum, if
any, at a future date.
View/ Downloading of
Cost of Tender Document Last Date &
Estimated EMD Value Period of Tender Time for
Name of Work
Cost (in Rs.) (in Rs.) completion Document submission of Opening of
(in Rs.) From To Tenders Tender,
place &
venue
Providing Pre- Rs. 20.46 Rs. 20,500/- 03 months Rs. 3,540/-
Coated GI Lakhs (Three (Rupees 22/05/2020 19/06/2020 19/06/2020 15.30 Hrs.
Sheet Roofing (Rupees months) Three 11.00 Hrs 15.00 Hrs Up to 19/06/2020
of Main Pilot (Rupees Twenty Thousand 15.00 Hrs.
Twenty thousand Five 4th Floor,
Plant at NMDC lakhs and and Five Hundred Conference
R&D Centre, forty six hundred and Forty Hall,
Habsiguda, Thousand only) only) Contracts
Uppal, only) including Department,
Hyderabad. GST NMDC, HYD
14
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
01. OWNER: - NMDC Limited is a Govt. of India Enterprise under Ministry of Steel
engaged in the mining activities of exploration and exploitation of various minerals
other than coal.
02. e-tenders in three bid system (a) Part-I consisting of EMD & Tender Fee i.e. cost
of tender document (b) Part II - Letter of Undertaking, Pre-Qualification Criteria &
Techno-Commercial Bid and (c) Part-III Price bid, are invited for the work of
“Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad” on item rate basis from prospective
domestic, experienced, qualified and eligible bidders who fulfill the Pre-
Qualification Criteria.
03.1 Eligible Bidders: The Invitation for Bids is open to all eligible bidders meeting the
Pre-Qualification Criteria as defined in clause no. 8.0 of NIT and clause no. 6.1.2 of
ITT as per applicability.
(a). Government-owned enterprises may only participate if they are legally and
financially autonomous, operate under commercial law and are not a dependent
agency of the Owner.
(b). Bidders shall not be under a declaration of ineligibility for corrupt and
fraudulent practices issued by the owner in accordance with clause 20.0 of
Instructions to Tenderers (ITT).
03.2 The original of the Part - I of documents i.e. EMD & Tender Fee shall be submitted
to the General Manager (Contracts) at the address given below on or before the
bid closing time and date.
(A) Part - I of the bid which contains originals of the EMD & Tender Fee (as
mentioned in SOT) received by General Manager (Contracts) before the due date
and time of Tender opening would be opened.
(B) Only those bidders who comply with the requirements of submitting in Part - I
of the bid, the originals of EMD & Tender Fee (as mentioned in SOT) before the
Closing Time by GM (Contracts), 4th Floor, Contract Department, NMDC Limited,
Masab Tank, Hyderabad- 500028, the Part - II will be opened.
(C) Part - I I I Price bid will be opened electronically of only those bidder(s)
whose Part- I I Techno-Commercial Bid is found to be Techno-Commercially
acceptable to NMDC Ltd. Such bidder(s) will be intimated the date of opening of
Part - III Price Bids in due course of time.
Note:
Part-II of the tenders will be considered for evaluation only after fully complying
with the provisions of Part-I of the tender.
05 There will be no Pre-Bid Meeting for this work. However, prospective bidders
may send their queries if any, through e-mail to contracts@nmdc.co.in within seven
days from the date of publication of the tender.
06 COMPLETION TIME
The work shall be completed within 03 (Three) months from the date of issue
of the Letter of Award of Contract (LAC).
8.0 PRE-QUALIFICATION
8.1 Average annual financial turnover of the bidder during the last 3 years ending 31st
March of the previous financial year (2018-19) should be at least Rs. 6.14 Lakhs
supported with Financial Statements audited profit & loss account, balance sheet
and copy of Income Tax return for relevant year.
8.2 Tenderer should have experience of having successfully completed similar work(s)
during the last 07 (seven) years ending last day of month previous to the one in
which tenders are invited should be either of the following;
One similar work of value not less than Rs. 16.37 Lakhs.
OR
Two similar works of value each not less than Rs. 10.23 Lakhs.
OR
Three similar works of value each not less than Rs. 8.18 Lakhs.
8.3 The tenderer should be solvent for a value not less than Rs 5.12 lakhs (Rupees
Five lakhs and Twelve thousand only) and shall submit a notarized copy of
Solvency Certificate from any Nationalized Indian bank / Scheduled commercial
bank including a foreign bank having a branch in India (including correspondent
bank/representative office in India) and the certificate should be dated not
earlier than 3 months from the due date of submission of Bid.
8.4 The tenderer should not be in default to any banker/financial institution for any
amount as per the audited annual report for the immediate preceding financial
year (2018-19) of the firm. In case the firm does not have audited annual report for
the immediate preceding financial year, the tenderer shall submit the no default
certificate from a Chartered Accountant for the same period.
8.5 The offers of the bidders not meeting the pre-qualifying requirements and not
producing supportive documents are likely to be rejected. NMDC reserves the right
to verify the documents/ information submitted or inspect the bidders work sites
shown as experience. The bidder shall provide necessary facilities for this purpose.
9 NMDC reserves the right to accept or reject any and all the Tenders without
assigning any reasons thereof. NMDC also reserves the right to call for any other
details and information from any of the tenderers.
10 NMDC does not bind itself to accept the lowest or any tender and may
cancel/withdraw the tender without assigning any reason and no claim whatsoever,
for any reason arising out of such action, will be entertained by NMDC.
11 The Tenders shall remain valid for acceptance by NMDC for a period of Six months
from the date of opening of tenders. If the Tenderer alters or withdraws his offer
within the validity period, his EMD will be forfeited and his tender will be rejected.
12 If the date for any activity indicated in the tender document happens to be a holiday
or a non-working day, for any reason, then the next working day will be
automatically taken as the date for such activity.
INSTRUCTION TO TENDERER
TABLE OF CONTENTS
Clause Title Page no
No
1 Preamble 21
2 Scope of Work 21
3 Tender Documents 22
4 Examination 23
5 Earnest Money Deposit 23
6 Manner of Preparation of Tender 25
7 Manner of Submission of Tender 29
8 Receipt of Tender 29
9 Modification and Withdrawal 29
10 Validity of Tender 30
11 Tender Opening 30
12 Tender Discussions 30
13 Acceptance of Tender 30
14 Agreement 30
15 Relationship with the Employees of the Owner 30
16 General 31
17 Tender Prices 31
18 Alternative proposal by tenderers 32
19 Submission of Bank Guarantee 32
20 Corrupt or Fraudulent Practices 32
21 Examination of Bids and Determination of responsiveness 34
22 Evaluation and Comparison of Bids 34
23 Amendment of Bidding Documents 35
24 Clarification of Bids 35
25 Communications 36
26 Unbalanced bid 36
27 Annexure I – Proforma of BG in lieu of EMD 37
28 Annexure II – QR Code for Digital payment of EMD & Tender 40
Fee
1.0 PREAMBLE
1.1 This tender is intended to give a general description of the nature of work and of
the quality envisaged for the materials, workmanship and the finished work. It is not
intended to cover the minute details.
1.2 The information given in this tender is given in good faith and is meant to serve as
a guide to enable the intending tenderers to submit their tenders on item rate
basis. It is imperative that the tenderer shall obtain and examine for himself all the
data, information and particulars required for the satisfactory execution of the work
covered under the scope of this tender enquiry.
(i) Clearing the area and disposal to specified areas including grading, if required.
(ii) Dismantling existing Asbestos sheet roofing including ridges, hips, valleys, gutters
etc. and stacking the material within 50 m lead as directed by the EIC.
(iii) Dismantling existing built up steel work if required and stacking the material within
50 m lead as directed by the EIC.
(iv) Providing & fixing precoated galvanized iron profile sheet roofing, ridges,
flashing/aprons as per technical specifications.
(v) Works in PCC, RCC, brick/block masonry work, plastering, flooring work, grills,
joinery, inserts etc. as per requirements.
(vi) Structural Steel work in built up tubular trusses.
(vii) Applying Priming coat, Painting work, distempering work, water proofing
cement paint, removing existing old distemper/cement paint including
necessary repairs.
2.3 The contract for the work is a complete one for labour, materials and workmanship
including all enabling works, the provision and use of all construction equipment,
tools and tackles, contingencies and incidentals for quality execution within the
agreed time schedules as per the various documents forming part of this contract.
The CONTRACTOR shall make his own arrangements for all the materials
required for the due performance of the contract unless otherwise specifically
stipulated. The various obligations of the CONTRACTOR under this contract shall
be at the cost of the CONTRACTOR except where it is expressed provided
otherwise.
2.5 The OWNER reserves the right to withdraw any part of the work under the scope of
this contract at any time and get the same executed through separate agencies at
OWNER’S decision. No claim, whatsoever, for any loss or damage resulting from
such action on the part of the OWNER shall be entertained.
Volume - III
(PRICE SCHEDULE)
i) Bill of Quantities
3.2 Wherever Technical Specifications are not enclosed with the Tender Documents,
the same can be referred by the Tenderer in the office of the Tender Receiving
Authority. In case no Technical Specifications have been prepared for the work, the
work shall be executed as per relevant specifications of Bureau of Indian Standard
(BIS), Indian Roads Congress, and Central Public Works Department and/or
according to the best modern practices. The OWNER’S decision in this regard
shall be final and binding to the CONTRACTOR.
4.0 EXAMINATION
4.1 The tenderer shall carefully examine the tender documents including all
Amendments/Addenda/Corrigenda, if any issued, and other details relating to the
work and acquaint himself fully with all the conditions and matters therein, which
may in any way affect his work and the cost thereof.
4.2 The tenderer shall be deemed to have obtained all information as to risks,
contingencies, responsibilities and other circumstances which might influence or
affect his tender and the progress and performance of the contract and have taken
into account all such conditions and matters that may affect his works and cost
thereof.
4.3 The tenderer shall be deemed to have visited the site and its surroundings and
have carefully examined and have satisfied himself about the existing site
conditions, availability of local facilities, means of transport, etc. and have quoted
his rates, taking into consideration all such conditions and matters, which may, in
any way, affect his work and the cost thereof.
4.4 The tenderer shall be deemed to have acquainted himself with all Government
taxes, laws, statute, regulations, levies and other charges relating to his work at
site. The rates quoted by the tenderer shall include all Government taxes, levies
and other charges relating to his work at site. Income Tax and GST TDS, if
leviable, shall be borne by the contractor, and shall be included in his rates.
4.4 Any neglect or omission or failure on the part of the Tenderer in obtaining
necessary and reliable information upon the foregoing or any other matter affecting
the tender shall not absolve him of any risk or liabilities or responsibilities for
completion of the entire work in accordance with the terms and conditions of the
Tender Documents.
EMD as specified in SOT / NIT shall accompany the tender in Part -I of the tender as
tender guarantee. The Tender Guarantee offered should be in one of the
following alternative forms:
a) A crossed Bank Draft in favour of NMDC LIMITED, payable at Hyderabad from any
Nationalized Indian Bank/ Scheduled Commercial Bank including a foreign bank
having a branch in India.
c) The bidder may submit the EMD by using any UPI App (Scan & Pay) at UPI ID:
nmdcheadoffice@sbi, Merchant name: NMDC Limited. The QR Code to be scanned
for payment is as per Annexure- II to ITT of the tender document.
d) The bidder may also submit the EMD through Online/NEFT mode as per following
bank details: Beneficiary Name: NMDC Limited, A/C No.: 52057027191, Bank: State
Bank of India, Branch Name: NMDC Branch, Masab Tank, Hyderabad, IFS Code:
SBIN0020728.
Note: Earnest Money deposited in any other form will not be accepted and the
tender will be rejected.
(a) The Tenderer modifies or withdraws his offer after their submission.
(b) The tenderer resiles from his offer during the validity period.
(c) The tender is revoked during its validity period by the tenderer.
(d) The validity of the BG is not extended / kept valid for a period of three
months beyond the extended validity of the offer.
(e) The tenderer increases the prices unilaterally after the opening of Part II and
during the validity period of the tender.
(f) Subsequent to acceptance of the Letter of Award of Contract by the
successful tenderer, the tenderer refuses to enter into Contract Agreement
within the specified time or its authorised extensions.
(g) The successful tenderer fails to submit the BG towards the Contract
Performance Guarantee within the period specified.
5.2 The BG shall be made payable without any condition to the Owner `On Demand'.
The BG shall be valid for a period of three months beyond the validity of the tender
offer, nine months from the due date of submission of the tender. In case of
extension of validity of the offer, the BG submitted towards EMD will also be
extended for a further period of ninety days beyond the extended period of validity
of offer in absence of which validity extension shall not be considered.
5.3 In consideration of the Owner considering the Tender for purpose of award, the
Tenderer shall keep his Tender valid for a period of six months from the last date of
submission of the Tender, during which period the Tenderer agrees not to vary, alter
or revoke his tender as a whole or in part. If the Tenderer, however, fails to keep his
Tender valid for six months or varies it during the period then the Owner shall be
entitled to forfeit the EMD amount without any notice or proof of damages etc.
5.4 In case the tenderer is requested to extend the validity of the offer along with
extension of validity of Tender Guarantee towards EMD, the tenderer may refuse the
request in writing. In such a case the tenderers offer will be rejected and the EMD
submitted by the tenderer shall be returned within 15 days on tenderers request.
5.5 The EMD shall be returned within 15 (Fifteen) days to those tenderers whose offer
does not meet the PQ requirements or whose offers are not found techno
commercially acceptable after scrutiny.
5.6 The EMD of those tenderers whose offers are found techno commercially acceptable
after scrutiny but are unsuccessful after price bid opening, their EMD shall be
returned within 15 days after the award of work.
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
Page 24 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
5.7 The EMD of the successful tenderer to whom the contract is awarded will be returned
after the said tenderer acknowledges the receipt of Letter of Award of Contract and
provides the Contract Performance Guarantee.
5.8 In case any tenderer submits the EMD by way of Demand Draft the EMD amount will
be refunded by e-payment/cheque only.
5.9 No interest will be payable by the Owner on the EMD.
5.10 If the successful tenderer fails to submit Contract Performance Guarantee as
specified within 30 days after the date of issue of Letter of Award of Contract, or fails
to sign the contract agreement in accordance with clause 4 Sec. GCC, then the EMD
amount will be forfeited by the Owner, without any notice or proof of damages etc.
5.11 Any tender not accompanied by EMD along with Letter of Undertaking in Part I of the
offer in accordance with above said provisions shall be considered as unresponsive
and rejected.
6.1.1 PART I: The following shall form Part-I of the tender proposal.
a). Earnest Money Deposit (EMD) of requisite value and form as specified in the
Scheduled of Tender / Notice Inviting Tender.
b). Tender Fee of requisite value and form as specified in the Scheduled of Tender /
Notice Inviting Tender.
6.1.2 PART II: Techno-Commercial Bid: Part-II offer shall include the technical offer and
commercial conditions and blank formats of Price Schedule (without any rate or
amount). The scanned copies of the following documents duly filled in and signed
with date and seal on each page by the tenderer shall be uploaded on the e tender
platform as PART- II offer.
i). Check list of documents enclosed with the tender: This shall be submitted in the
prescribed pro-forma. “FORM-A”, enclosed with Section TPF. “Tender Proposal
Forms”.
ii). Letter of Undertaking: This shall be submitted in the prescribed proforma “Form-
B”, enclosed with Section TPF- “Tender Proposal Forms”.
iii). Full information about the tenderer: This shall be furnished in the prescribed
pro-forma, “FORM-C”, enclosed with Section-TPF-“Tender Proposal Forms”,
including details regarding financial soundness of the tenderer etc.
iv). Organization set up proposed at the site work: This shall be furnished in the
prescribed proforma “FORM-D” enclosed with Section TPF - “Tender Proposal
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
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Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
Forms” indicating the field management proposed by the tenderer for executing the
work.
v) Details of equipment, tools, tackles, etc., the tenderer proposes to deploy for this
work: This shall be furnished in the prescribed proforma, “FORM-E” enclosed with
Section TPF-“Tender Proposal Forms”.
vi) Details of works done during the past seven years by the tenderer in terms of
pre-qualification requirement: This shall be furnished in the prescribed pro-
forma, “FORM-F” enclosed with Section TPF - “Tender Proposal Forms” along with
relevant documentary evidence.
vii) Details of similar works done during the past seven years by the tenderer (other
than Pre-qualifying requirements). This shall be furnished in the prescribed pro-
forma, “FORM-F1” enclosed with Section TPF - “Tender Proposal Forms along with
relevant documentary evidence.
viii). Dummy PRICE sets to be submitted by the Tenderer “without quoting the rate”
but indicating “quoted/not quoted” duly signed on all pages for execution of all
items as per the specifications/Standards. Bidders shall mention the rates of other
taxes, duties, levies, cess etc. considered if any in the basic rates as per the price
format.
xi). Latest (not earlier than six months from the due date of submission of tender)
Power of attorney of the signatory of the tender in original or duly attested by a
Notary Public on a non-judicial stamp paper of value not less than Rs 50/-.
xii). Photocopy of Permanent Account Number (PAN) issued by IT department and
Copy of Goods & Service Tax registration (GSTIN) Number.
xiii). Notarized copy of solvency certificate for a value not less than Rs 5.12 lakhs
(Rupees Five lakhs and Twelve thousand only) from any Nationalized Indian bank /
Scheduled commercial bank including a foreign bank having a branch in India
(including correspondent bank/representative office in India) and the certificate
should be dated not earlier than 3 months from the due date of submission of Bid.
xiv). The tenderer should not be in default to any banker/financial institution for any
amount as per the audited annual report for the immediate preceding financial year
(2018-19) of the firm. In case the firm does not have audited annual report for the
immediate preceding financial year, the tenderer shall submit the no default
certificate from a Chartered Accountant for the same period.
xv). Audited Financial Statement including Profit and Loss Account and Balance
sheet for the last three financial years (ending 2018-19) are to be enclosed along
with offer.
xvi). Certificate of registration with CPWD, MES, Railways, P&T, Port Trusts, State
PWDs and Public Sector undertakings, if any.
xvii). Tenderers’ proposed quality assurance programme.
xviii). Overall description of proposed method of carrying out the work by the tenderer.
xix). Time schedule in the form of BAR CHART/Network proposed by the tenderer for
completion of the work within the time specified in Notice Inviting Tender. Overall
description of the method the tenderer proposes to adopt for carrying out the
work.
xx). Amendments/corrigenda/Addenda etc. for the work, if any, issued by the
OWNER, duly signed, by the tenderer.
xxi). Any other information the tenderer desires to furnish in connection with this tender.
In case the tenderer does not possess the PF registration number at the time of
submission of tender, then such tenderer has to give an undertaking in the
prescribed pro-forma, “FORM - J”, enclosed with Section-TPF - “Tender Proposal
Forms” on a non-judicial stamp paper of value not less than Rs. 100/- stating
that, “Within one month from the date of issue of Letter of Intent/Letter of
Award of Contract Tenderer shall obtain PF Code Number and submit a copy
of the same to NMDC.”
xxv). Declaration by the tenderer in his letter head that the firm is not blacklisted / not
having its business activities suspended by any PSU / Government body.
xxvi). List of Information regarding any litigation, current or during last five years in which
the tenderer is involved and the parties concerned and disputed amount. If nil,
please give nil statement.
xxvii). Declaration of relationship with the employees of the owner as per clause 15.0
xxviii). The tenderer should possess valid “B” Class Electrical License from Telangana
State Electrical Authority for execution of the electrical works. A copy of license
issued by the Electrical Inspectorate shall be enclosed with the offer. In case the
bidder does not possess “B” Class Electrical license or certificate from Telangana
State Electrical Authority, then the tenderer has to submit an undertaking in his
letter head indicating, ‘the tenderer shall engage a sub-contractor who possess “B”
Class Electrical license or certificate from Telangana State Electrical Authority as
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
Page 27 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
per SCC Clause No.: 14.0, in case the work is awarded to him’.
xxix). If the Tenderer is an individual or proprietary firm, the bid documents being
submitted shall be signed by the individual / proprietor above the full typewritten
name and current address. In the event of the bid being submitted by a partnership
firm, it must be signed separately by each Partner thereof or in the event of
absence of any partner, it must be signed on his behalf by a person holding a
power-of attorney authorizing him to do so, such power of attorney to be produced
with the bid, and it must disclose that the firm is duly registered under the Indian
Partnership Act.
A certified copy of the partnership deed, Form “A” from Registrar of Firms /
Company and current address of all the partners of the firm shall also accompany
the bid. If the Tenderer is a limited company the bid shall be signed by a duly
authorized person holding power of attorney for signing the application. The power
of attorney shall be on non-judicial stamp paper of appropriate value and attested
by Notary Public and its attested copy shall be furnished with the bid. The
Tenderer should also furnish a copy of the memorandum of articles of association
duly attested by a Public Notary and it must disclose that the Company is duly
registered under the Indian Companies Act, 1956.
xxx). Bank Account Details in order to facilitate payment through e-payment mode.
i) The bidders shall quote their prices for online submission by clicking on the link
“Price”. All the items / Lots shall be quoted. Bidders shall also Quote the Goods
& Service Tax. Details of any other taxes, duties, levies, cess considered, if
any in the basic rate be also submitted as per the price format.
ii) Price schedule in the BOQ, “Bill of Quantities” enclosed in the Vol. III of the
tender document.
Note: Tenderers shall submit PART III of their tenders/quotations strictly based on the
terms, conditions and specifications contained in the tender documents. Should it,
however, become unavoidable, deviations on technical and commercial conditions
shall be stipulated only in the prescribed pro-forma, FORM-H enclosed along with
Section TPF - “Tender Proposal Forms” of tender documents and shall be
included in PART-II of the tender without mentioning the cost thereof.
6.2 SIGNATURE
6.2.1 The documents that are to be uploaded shall be signed by the tenderer with his
usual signature. The name of all persons signing shall also be typed or printed below
the signature.
In case of a partnership or Hindu Joint Family firm, tender must be furnished with full
names of all partners. Tenders may be signed by only one of the partners or
managers, as the case may be, or by any other duly authorized representative
followed by the name and designation of the person so signing.
6.2.3 A tender by a person who affixes to his signature the word `President', Managing
Director', 'Secretary', 'Agent' or other designation without disclosing as principal will be
rejected.
6.2.4 Satisfactory evidence of authority of the person signing on behalf of the Tenderer
shall be furnished with the Tender.
6.2.5 The Tenderer's name stated on the proposal shall be the exact legal name of the firm.
6.2.6 Tenders not conforming to the above requirements of signing are liable for
disqualification.
Tenderers are requested to submit their bids online as per the instructions
mentioned in the Schedule of Tender.
Tenders will be received online as per the instructions given in the schedule
of Tender / NIT.
(a) A bid can be edited any number of times and documents can be uploaded
before the final submission of bid (i.e. before clicking on Sign & Encrypt). Once the
bid has been submitted by clicking on Final Submission, no further editing of bid or
uploading of documents is possible.
(b) Even after final submission, A bid can be deleted or withdrawn prior to the
closing time of the event. However, in case of withdrawal of bid, no fresh bid can
be submitted. On the other hand, if a bidder wishes to modify his bid after final
submission, he may do so by clicking the “Delete Bid” button and re-submit his bid.
c) A bid can be submitted up to the scheduled closing time of the event. After the
closing time of event has passed, no bid will be accepted by the system. Hence,
bidders are advised to make final submission of their bids well in advance.
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
Page 29 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
10.1 The tender and the prices quoted therein shall remain valid for acceptance for a
period of six months from the last date of submission of tender.
11.3 Evaluation Criteria: Offers shall be evaluated on the basis of lowest grand
total cost for the entire work as per the Price Bid Format.
12.0 TENDER DISCUSSIONS
12.1 During the processing/evaluation of the tender proposals, the tenderers may be
required to attend to the OWNER’S office for discussions/ clarifications. Tenderers,
on request from the OWNER, shall attend Tender discussions at their cost.
14.0 AGREEMENT
14.1 The Tender document including all enclosures and other correspondences
between NMDC and the successful bidder/contractor including Letter of Award of
Contract shall be treated as an agreement between NMDC and the Contractor for
this work. No separate agreement will be executed.
CERTIFICATE
16.0 GENERAL
16.2 No claim for compensation for submission of tender: For the preparation and
submission of tender, the tenderer shall not be entitled to any cost, expenses or
other claims whether or not his tender is accepted/rejected and/or Notice Inviting
Tender is modified, withdrawn or cancelled.
16.3 Lowest tender may not be accepted: The OWNER is not bound to accept the
lowest or any tender or to assign any reason for non-acceptance. The OWNER
also reserves the right to accept the tender either in whole or in part. The Owner’s
decision in this regard shall be binding to the Tenderers.
16.4 The successful tenderer should possess a separate provident fund code number
allotted by the Regional Provident Fund Project Manager and only such tenderer
shall be considered for award of contract. Tenderer to indicate the code number
and submit documentary evidence.
17.1 The tenderer shall fill in rates and prices for the entire scope of the work for all
items of the Works described in the Bill of Quantities in price bid online.
17.2 The rates quoted in the Bill of Quantities shall be inclusive of all freight, taxes and
Duties, levies and cess, transport of materials, and machinery, labour
accommodation, sanitation, etc. excluding Goods and Service Tax (GST) so as to
execute the contract as per rules, regulations, bye-laws and orders, etc., of local
bodies, State Government and the Government of India, in force during the
execution of the Contract. GST Amount shall be quoted separately by the bidder
as per the Price Format. Income Tax shall be borne by the CONTRACTOR.
17.3 Any new taxes or additional levies by the Government and statutory variations
during the tenure of the contract will be to Owner’s account and reimbursable by /
refundable to, ‘The OWNER’, subject to submission of relevant documentary
evidence.
17.1.1 Any reduction in tax rates or withdrawal of taxes that are levied by the government
during the tenure of the contract shall be passed on to the Owner’s account.
However, for any new taxes levied by the Government and statutory variation
during the extended time of the contract, if any, due to the reasons attributable to
the Owner, the variation of tax rates will be to the Owner’s account
However, the amount of taxes and duties are limited to the contract value and the
variations in the rates are not payable, if the contract is completed in the extended
time for the reasons not attributable to Owner and shall not be reimbursed to
contractor.
Tenderers shall submit offers that comply with the requirements of the tender
documents, including the basic technical design as indicated in the drawing and
specifications. Alternatives will not be considered.
If the tenderer intends to submit, the Earnest Money Deposit (EMD / Contract
Performance Guarantee (CPG) in the form of Bank Guarantee, it shall be the
responsibility of the tenderer, that the original bank guarantee to be submitted as
EMD/CPG should be sent by the bankers under Registered Post (A/D) directly to
Tender Receiving Authority at the address indicated above. It is also the responsibility
of the tenderer to coordinate with the bankers for dispatch of original bank guarantee
so that the EMD reaches Tender Receiving Authority on or before the stipulated date
of opening of tender. However, a copy of the Bank Guarantee can also be submitted
in Part I of the offer.
In case, EMD BG is not reached within the stipulated date and time of submission of
tender or copy of bank guarantee is not in Part-I of the tender, then the tender shall
be summarily rejected and part-II of their offer shall not be opened
Note: EMD shall be from any Indian Nationalized Bank /scheduled commercial
Bank including a foreign bank having a branch in India
20.1 The owner requires that Bidders/Suppliers/Contractors under this contract, observe
the highest standard of ethics during the procurement and execution of this
contract. In pursuance of this policy, the owner
(a) Defines for the purpose of these provisions, the terms set forth as follows:
(i) “corrupt practice” means the offering, giving, receiving or soliciting of anything of
value to influence the action of a public official in the procurement process or in
contract execution; and
(b) will reject a proposal for award of work if the determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices in
competing for the contract in question.
(c) will declare a Bidder in eligible, either indefinitely or for a stated period of time, to
be awarded a contract/contracts if he at any time determines that the Bidder has
engaged in corrupt or fraudulent practices in competing for, or in executing, the
contract.
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
Page 32 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
20.2 NMDC Policy on Banning of Business Dealing with Agencies (Covering both
suspension and Banning of Business).
The ground for Banning of Business Dealings and the Banning period as per the policy
areas under:
BANNING PERIOD
a. The Banning Period may range from six months to three years depending
on the gravity of the case as decided by the Competent Authority. While
deciding the Banning Period, the Suspension Period, if any, shall also be
taken into account.
21.1 Prior to detailed evaluation of Bids, the Owner will determine whether each Bid
21.2 A responsive Bid is one, which conforms to all the terms, conditions and
specification of the Bidding documents, without material deviation or reservation.
(a) which affects in any substantial way the scope, quality or performance of the Works
(b) which limits in any substantial way, the owners rights or the tenderer ‘s obligations
under the Contract; or
(c) Whose rectification would affect unfairly the competitive position of other tenderers
presenting responsive Bids.
21.3 If a Bid is not substantially responsive, it will be rejected by the owner, and may not
subsequently be made responsive by correction or withdrawal of the non-
conforming deviation or reservation.
22.1 The OWNER will evaluate and compare only the Bids determined to be responsive
in accordance with Clause ITT – ‘Examination of Bids and Determination of
responsiveness’.
22.2 In evaluating the Tenders, the Owner will determine for each Tender the evaluated
Tender Price. If the tenderer does not quote rates for 5% or more of items indicated
in the BOQ, then the offer shall be rejected and if the tenderer quotes and
erroneously does not indicate rates for less than 5 % of items indicated in the BOQ,
then the rates of H1 will be considered for those particular items for evaluation.
However, zero rates shall be considered to incorporate in work order / LAC for
payment against the items not quoted by the tenderers.
22.3 The Owner reserves the right to accept or reject any alternative offer. Alternative
offers and other factors which are in excess of the requirements of the Tender
documents or otherwise result in unsolicited benefits for the Owner shall not be
taken into account in Tender evaluation.
22.4 If the Tender of the successful tenderer is seriously unbalanced in relation to the
Owner or his nominee’s estimate of the cost of work to be performed under the
contract, the Owner may require the Tenderer to produce detailed price analyses
for any or all items of the Price Bid, to demonstrate the internal consistency of
those prices with the implementation/construction methods and schedule
proposed.
22.6 Evaluation criteria will be based on the total quoted price to be arrived as indicated
in the format of price schedule subject to corrections / adjustments as per the
procedure prescribed in the tender document. The whole scope of work is
envisaged to be awarded to a single Tenderer to be determined eligible for award
of work based on stipulations of these tender document.
23.1 Before the deadline for submission of tender, the owner may modify the bidding
documents by using addenda.
23.2 Any addendum thus issued shall be part of the bidding documents and shall be
communicated in writing to all the purchasers of the bidding documents and
tenderers who have downloaded the tender document from the website
prospective tenderers shall acknowledge receipt of each addendum to the Owner
23.3 To give prospective bidders reasonable time in which to take an addendum into
account in preparing their bids, the owner shall extend as necessary the deadline
for submission of tender.
24.1 To assist in the examination and comparison of tender the owner may, at his
discretion, ask any tenderer for clarification of his tender including breakdown of
unit rates. The request for clarification and the response shall be in writing but no
change in the price or substance of the Bid shall be sought, offered, or permitted
25.0 COMMUNICATIONS
25.1 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 1872).
26.1 If the Bid of the successful Bidder is seriously unbalanced in relation to the Owner
or his nominee’s estimate of the cost of work to be performed under the contract,
the Owner may request the tenderer to produce detailed price analysis for any or
all items of the Bill of Quantities, to demonstrate internal consistency of those
prices with the implementation/ construction methods and schedule proposed.
ANNEXURE - I
PROFORMA FOR BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT
(On Non-judicial stamp paper of value not less than Rs. 100.00)
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
Page 36 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
__________________________________Bank Ltd.
________________________________
B. G. No. _______________________
To,
NMDC Limited,
Khanij Bhavan,
10-3-311/A, Castle Hill,
Masab Tank,
Hyderabad - 500 028
Telangana (INDIA)
Dear Sirs,
In consideration of the NMDC Limited, (hereinafter called "the Company") which
expression shall unless repugnant to the subject or context. include his successors
and assigns having agreed to exempt M/s_________________________ from
demand under the terms & conditions of Tender issued by the Company for the
work of “,………………………………………….”. from deposit of Earnest Money for
the due fulfillment by the M/s ……………………….(name of the Tenderer) of the
terms and conditions contained in the said Document on production of Bank
Guarantee for ______________ (Rupees ___________ only).
on the Bank shall be conclusive as regards the amount due and payable by the
Bank under this guarantee. However, our liability under this guarantee shall be
restricted to an amount not exceeding Rs./ ...................
3. We __________________ Bank Ltd. further agree that the Company shall be the
sole judge of and as to whether the M/s……………..(name of the Tenderer) has
committed any breach or breaches of any of the terms and conditions of the said
Document and the extent of loss, damages, costs charges and expenses caused to
or suffered by or that may be caused to or suffered by the Company on account
thereof to the extent of the Earnest Money required to be deposited by M/s
………(name of the Tenderer) in respect of the said Document and the decision of
the Company that M/s………….(name of the Tenderer) has committed such breach
or breaches and as to the amount or amounts of loss, damages, costs, charges
and expenses caused to or suffered by or that may be caused to or suffered by the
Company shall be final and binding on us.
5. We _______________ Bank Ltd. further agree with you that you shall have the
fullest liberty without our consent and without affecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said Document
or to extend time asked by M/s…………….. from time to time or to postpone for
any time or from time to time any of the powers exercisable by you against M/s
………….. and to forbear or enforce any of the terms and conditions relating to the
said document and we shall not be relieved from our liability by reason of any such
variation or extension being granted to M/s……………….. or for any forbearance
act or omission on your part or any indulgence by you to M/s…………………. or by
any such matter or thing whatsoever under the law relating to sureties would but for
this provision have effect of so relieving us.
6. It shall not be necessary for the Company to proceed against M/s…………………..
before proceeding against the Bank and the Guarantee herein contained shall be
enforceable against the Bank, notwithstanding any security which the Company
may have obtained from M/s………………………… at this time when proceedings
are taken against Bank hereunder be outstanding or unrealised.
8. We, the said Bank lastly undertake not to revoke this guarantee during its currency
except with the previous consent of the Company in writing and agree that any
change in the constitution of the Company or of M/s……………… or the said Bank
shall not discharge our liability hereunder.
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
Page 38 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
(i) Our liability under this bank guarantee shall not exceed Rs ……. (Rupees …
…. … ………. ………… …….)
(ii) This bank Guarantee shall remain valid up to ………………
(iii)
Our liability to make payments shall arise and we are liable to pay the
guaranteed amount or any part thereof under this guarantee only and only if
you serve upon us a written claim or demand in terms of guarantee on or
before ……….
Dated this ………………………day of ……20 at ……………………………
WITNESS
------------------------- Signature ---------------
Signature
------------------------- (Bank's Rubber Stamp)
(Name)
-------------------------------------- (Name) ------------------
Official address
-------------------------------------- Designation with Bank stamp
-----------------------------
Attorney as per power of Attorney
No. -----------------------------
Dated ----------------------------
Note:
While issuing the Bank guarantee for Earnest Money, the issuing Bank must
furnish following details:
ANNEXURE - II
1.1 Singular and plural: Where the context so requires, words imparting the singular
only also include the plural and vice versa.
1.2 Headings and Marginal Notes to Conditions: Headings and marginal notes to
these General Conditions shall not be deemed to form part of the contract or be
taken into consideration in the interpretation or construction thereof.
1.3 Definitions:
ii) The “CONTRACT” shall mean the document comprising Notice Inviting Tender (or
Invitation to Tender), General and Special Conditions of Contract, Specifications,
Drawings, Preamble to Bill of Quantities, Bill of Quantities with accepted rates and
amounts therein, other appendices, letters, correspondences enclosed therewith,
time schedule, Letter of award of Contract (LAC) which have been accepted by the
Contractor and a formal agreement if any, executed between the Owner and the
CONTRACTOR. All these documents shall be complementary to one another and
shall be deemed to form one Contract.
iii) “Contractor” means the person(s) / legal entity for example such as a firm or
company or corporation / society whose bid to perform the Contract has been
accepted by the Owner/Employer and is named as such in the Contract
Agreement/LAC, and includes the legal successors or permitted assigns of the
Contractor. In case Contract is with consortium of two or more members then the
Contractor shall mean one or more members of Consortium as the case may be.
vi). “Contract Sum/Value/Price” means the sum named in the Owner’s Letter of
Intent/Work Order/Letter of Award of Contract, subject to such additions thereto
and deductions there from, as may be made under the provisions of the Contract.
vii) “Days” are calendar days; “Months” are calendar months as per Gregorian
calendar
viii) “Defect” means any part of the Works not completed in accordance with the
contract.
x). “Effective Date of Contract” means the date on which the Contract is to
commence.
c) Drawings submitted by the Contractor with his proposal provided such drawings
are
acceptable to NMDC.
e) Engineering data and drawing submitted by the Contractor during the progress of
the
work provided such drawings are acceptable to NMDC.
xiv) “EXCEPTED RISKS” are the risks due to riots (other than those among
CONTRACTOR's employees) and civil commotion (in so far as these are not
uninsurable), war (whether declared or not), invasion, act of foreign enemies,
hostilities, civil war, rebellion, revolution, insurrection, by military or usurped power,
any acts of Government that result in restraining the execution of the Work,
damage from aircraft, acts of God (such as Earthquake, lightening and
unprecedented floods etc.) and such other causes over which the CONTRACTOR
has no control and accepted as such by the OWNER/Consultant, or causes solely
due to the use or occupation by the OWNER of the part of works in respect of
which a certificate of completion has been issued.
xvi). “Letter of Award of Contract (LAC) / Work Order” means the official notice
issued by Owner/Employer notifying the Contractor that his bid has been accepted
and Owner/Employer awards the work to the Contractor.
xvii). “Letter of Intent (LOI)” means the official notice issued by Owner/Employer
notifying the Contractor that his bid has been accepted and Owner/Employer
intends to award the work to the Contractor.
xx). “Owner/Employer/Procuring Entity” means NMDC Limited and shall include its
legal representatives, successors and permitted assigns.
xxii). “Sanction” means to assent, concur, confirm, approve, or ratify, unless otherwise
specified.
xxiv). SITE: The site means the land(s) and/or other place(s) on, under, in or through
which the work is to be executed under the Contract including any other land(s) or
place(s) which may be allotted by the OWNER or used for the purpose of the
contract.
xxv). “Specification” means the Technical and General Specifications forming a part of
the Contract and such other schedules and drawings as may be mutually agreed
upon.
xxvi). “Sub-Contractor” means the person / legal entity for example such as a firm or
company or corporation / society named as such in the Contract for any part of the
supplies or any person to whom any part of the supplies/works has been assigned
by the Contractor with the consent in writing of the Owner and will include the legal
xxvii). “Supply” means all the supplies to be effected by the Contractor at the
construction site.
xxviii). “Taking over”: The term taking over means the Owner's written acceptance of the
works performed under the contract after successful performance guarantee tests /
commissioning as applicable.
xxix). “Temporary Works” means the works designed, constructed, installed and
removed by the contractors which are needed for construction or installation of the
works.
xxxi). “Variation” means an instruction given by the Owner or his nominee, which varies
the scope of the works.
xxxii). “Works” means and includes all activities to be executed in accordance with the
contract or part thereof as the case may be and shall include all extra activities,
additions, alterations or substituted activities as directed by the Owner/Engineer-in-
Charge for due completion of the contract.
xxxiii). “Writing” shall include any manuscript, typewritten or printed statement, under or
over signature and/or signature/seal as the case may be. “Writing” shall be signed
by the person(s) duly authorized by the Owner and/or the Contractor as applicable.
Words imparting the singular shall also include the plural and vice-versa where the
context so requires.
xxxiv) “MARKET RATE” shall be the rate, as decided by the ENGINEER, on the basis of
the cost of materials and labour at the site where the work is to be executed, plus
the percentage mentioned in the Appendix to GCC to cover all overheads and
profit (No percentage shall be added for material issued by the OWNER, if any).
xxxv) “URGENT WORKS” shall mean any urgent measures which, in the opinion of the
ENGINEER, are necessary, during the progress of the work to obviate any risk of
accident or failure or for security.
xxxvi) “APPROVAL” shall mean the written approval by the OWNER of a document or
drawing or other particulars or matters related to the contract.
xxxvii) “Notice in writing” or “written notice” shall mean a notice in written, typed or
printed characters given to the CONTRACTOR under the terms of the contract
which shall be considered duly served if the same has been delivered to, left for or
posted by registered post to the CONTRACTOR’S PRINCIPAL PLACE OF
BUSINESS (or in the event of the CONTRACTOR being a Company, to or at its
Registered Office) or at the site.
3.1 Assignment: The CONTRACTOR shall not transfer or assign the contract or any
part thereof or any benefit or interest therein or there under without the written
consent of the OWNER. In the event of the CONTRACTOR contravening this
condition, the OWNER shall be entitled to place the contract elsewhere at the cost
and risk of the CONTRACTOR and the CONTRACTOR shall be liable for any loss
or damage which the OWNER may sustain in consequence or arising out of such
action.
3.2 Sub-letting: The CONTRACTOR shall not sub-let the whole or any portion of the
Contract without prior written approval of the OWNER. Such approval, if given,
shall not in any way whatsoever relieve the CONTRACTOR from any of his
liabilities or obligations under the Contract and the CONTRACTOR shall remain
responsible for all the acts, defaults and neglects of any of his sub-contractor(s) as
if they were the acts, defaults or neglects of the CONTRACTOR. Employment of
piece rate workers shall not be deemed as sub-contracting.
4.0 Deleted.
5.1 Copies of the Documents: The CONTRACTOR shall be furnished, free of charge,
three copies of all the drawings which may be issued from time to time during the
progress of the Works. He shall keep one copy of these Documents and drawings
at the Site in good order, and the same shall, at all reasonable times, be available
for inspection and use by the ENGINEER, his representative or other Inspecting
Officers.
5.1.1 None of these Documents shall be used by the CONTRACTOR for any purpose
other than that of this Contract.
5.2 Discrepancies: The several documents forming the contract are to be taken as
mutually complementary to one another, detailed drawings being followed in
preference to small scale drawing and figured dimensions in preference to scaled
dimensions and Special Conditions in preference to General Conditions. In case of
discrepancies between Bill of Quantities, the Specification and/or the Drawings, the
following order of preference shall be observed:
b. Drawings
c. Specifications
5.2.1 If there are varying or conflicting provisions made in any one document forming
part of the Contract, the OWNER shall be the deciding authority with regard to the
intention of the document.
5.2.2 Any error in description, quantity or rate in the Bill of Quantities or any omission
there from shall not vitiate the contract or release the CONTRACTOR of the
obligation to execute the work or any part of the work comprised therein, in
accordance with the provisions of the contract.
5.3 Laws governing the Contract: This Contract shall be governed by the laws as
applicable in the Republic of India, being in force, from time to time.
6.1 Contract Agreement: The tender document including all enclosures and other
correspondences between NMDC and the successful bidder/contractor including
Letter of Award of Contract shall be treated as an agreement between NMDC and
the Contractor for this work. No separate agreement will be executed.
6.2 Inspection of Site: The CONTRACTOR shall inspect and examine the Site and
its surroundings and shall satisfy himself before submitting his tender as to the
nature of the ground and sub-soil (so far as is practicable), the form and nature of
the Site, the quantities and nature of work and materials necessary for the
completion of the Works, the means of access to the Site, the accommodation he
may require, and in general ,shall himself obtain all necessary information as to
risks, contingencies and other circumstances which may influence or affect this
tender and the cost thereof. No extra charges consequent on any
misunderstanding or otherwise shall be payable by the owner.
The successful tenderer shall submit Initial Security Deposit (ISD)/Initial Contract
Performance Guarantee (CPG) @ 2% of the contract value in the form of Bank
Guarantee from a Nationalized Indian Bank / Scheduled commercial Bank
including a foreign bank having a branch in India within 21 days from the date of
issue of LAC/LOI. On submission of the same, EMD shall be returned. Balance 8%
of the Performance Guarantee shall be deducted @10% from the running bills, till
the total Performance Guarantee including ISD is 10% of the Contract amount.
Retention Money including ISD should not exceed 10% of the Contract amount.
The successful tenderer may also submit the Initial Security Deposit (ISD)/Initial
Contract Performance Guarantee (CPG) in the form of a crossed Bank Draft in
favour of NMDC LIMITED, payable at Hyderabad from any Nationalized Indian
Bank/ Scheduled Commercial Bank including a foreign bank having a branch in India.
6.5 Possession of Site: The CONTRACTOR shall not enter on (other than for
Inspection purposes) or take possession of the site without prior permission of the
OWNER in writing. The portion of the site to be occupied by the CONTRACTOR
shall be defined and/or marked on the site plan, failing which these shall be
indicated by the Engineer at site and the CONTRACTOR shall on no account be
allowed to extend his operations beyond these areas. Any land allotted to the
CONTRACTOR for the purposes of or in connection with the contract shall not
confer any right of tenancy of the land to the CONTRACTOR. The CONTRACTOR
shall be liable to vacate the land on demand by the OWNER.
6.5.1 The CONTRACTOR shall have no right to any temporary construction over this
land without the permission of the OWNER. In case, the CONTRACTOR is allowed
to construct any structure, he shall demolish and clear the same before handing
over the completed work unless agreed to the contrary.
6.6 Way leaves: The CONTRACTOR shall provide, if necessary or if required on the
site, all temporary access thereto and shall alter, adopt and maintain the same as
required from time to time and shall take up and clear the ways as and when no
longer required and/or as and when ordered by the OWNER and make good all
damages done to the Site.
6.7 Setting-out the Works: The CONTRACTOR shall be responsible for the true and
proper setting out of the works and for the correctness of the positions, levels,
dimensions, alignment of all parts of the works and for the provision of all
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
Page 49 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
6.8 The contractor shall not assign, sublet or transfer the whole or any part of the contract
or interest therein or benefit or advantage thereof in any manner whatsoever without
the written approval of the owner, other than for raw materials, for minor detail or any
part of the plant for which makes are identified in the Contract. Suppliers of the
equipment not identified in the Contract or any change in the identified suppliers shall
be subject to approval by the Engineer/owner. The experience list of the equipment
vendors under consideration by the Contractor for this Contract shall be furnished to
the Engineer for approval prior to procurement of all such items/ equipments.
Approval for assignments/sub-letting if granted by the owner, the same shall neither
establish any contractual relationship between the owner and the sub-
contractor/assignee nor shall relieve the Contractor from any obligation, duty or
responsibility under the contract. Any assignment as above without prior written
approval of Engineer shall be void. Further the contractor cannot give back to back
subcontracts or sublet the work in whole or part
6.8 Site Drainage: The CONTRACTOR shall keep the site free of water and slush.
All water which may accumulate on the Site or in trenches and excavations during
the progress of the work shall be removed to the satisfaction of the OWNER and at
the CONTRACTOR’s expense.
6.9 Nuisance: The CONTRACTOR shall not at any time do, cause or permit any
nuisance on Site or do anything which shall cause unnecessary disturbance or
inconvenience to owners, tenants or occupiers of other properties near the Site and
to the public in general.
6.10 Materials obtained from Excavation: Materials of any kind obtained from
excavation at the site shall remain the property of the OWNER and shall be
disposed of as per the directions of the OWNER.
6.11 Treasure Trove, Fossils etc: All fossils, coins, articles of value or antiquity and
structures and other remains of things of geological or archaeological interest
discovered on the Site shall be the absolute property of the OWNER and the
CONTRCTOR shall take reasonable precautions to prevent his workmen or any
other person from removing or damaging any such article or thing thereon and
shall immediately upon discovery thereof and before their removal, acquaint the
OWNER with such discovery and carry out the OWNER’s directions as to the
disposal of the same at the expense of the OWNER.
6.12 Protection of Trees: The CONTRACTOR shall protect all trees, designated by
the ENGINEER, from damage during the course of the Works and earth level
within 1 meter of each such tree shall not be changed. Where necessary, such
trees shall be protected by providing temporary fencing.
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
Page 50 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
6.13 Lights, Guards, Fencing and Watching: For the site allotted to him, the
CONTRACTOR shall provide and maintain at his own expense all lights, guards,
fencing and watch and ward when and where necessary or required by the
ENGINEER for the protection of the Works or for the safety and convenience of
those employed on the Works or of the public.
6.14 For the execution of the Works he shall appoint a competent supervisor/agent
approved by the OWNER (if the CONTRACTOR himself does not have sufficient
knowledge and experience to be capable of receiving instructions or cannot give
his full attention to the works.) The CONTRACTOR shall also employ, at his own
expense, sufficient numbers or technically qualified personnel to carryout day-to-
day instructions of the ENGINEER and execute the works as per the specifications.
Orders given to the CONTRACTOR’s agent shall be considered to have the same
force as if these had been given to the CONTRACTOR himself. CONTRACTOR
shall also deployed safety Engineer/Super wiser, If the CONTRACTOR fails to
appoint a suitable agent as directed by the OWNER, the OWNER shall have full
powers to suspend the execution of the Works until such date a suitable agent is
appointed and the CONTRACTOR shall be held responsible for the delay so
caused to the Works.
6.15 Work during Night or on Sundays and Holidays: Subject to any provision to the
contrary contained in the Contract, none of the permanent works shall be carried
out during night or on Sundays (or on any other weekly holiday instead of Sunday)
or on any authorised holiday without the permission in writing of the OWNER.
6.16 Observance of Official Secret Act: The CONTRACTOR shall take necessary
steps to ensure that all persons employed on any work in connection with this
Contract have noticed that the Indian Official Secrets Act 1923 (XIX of 1923) are
applicable to them and shall continue to apply even after the execution of such
works under the Contract.
6.17 Care of Works: From the commencement to completion of the works the
CONTRACTOR shall take full responsibility for the care thereof and for taking
precautions to prevent loss or damage and shall be liable for any damage or loss
that may happen to the Works or any part thereof and all Corporation’s T&P from
any cause whatsoever (save and except the Excepted Risks) and shall at
CONTRACTOR’s own cost repair and make good the same so that, at completion,
the Works and all OWNER’s T&P shall be in good order and condition and in
conformity in every respect with the requirements of the Contract and instructions
of the ENGINEER. In the event of any loss or damage to the Works or any part
thereof or to any T&P or to any material or articles at the Site from any of the
Excepted Risks, the CONTRACTOR, shall as may be directed in writing by the
ENGINEER repair and/or remove from the site any debris and so much of the
Works as shall have been damaged, take to the OWNER’s store such OWNER’s
T&P, articles, and/or materials as may be directed at the cost of the OWNER and,
proceed with the erection and completion of the Works under and in accordance
with the provisions and Conditions of the Contract. PROVIDED always that the
CONTRACTOR shall not be entitled to payment under these provisions in respect
of such loss or damage as has been occasioned by any failure on his part to
perform his obligations under the Contract or for not taking precautions to prevent
loss or damage or to minimize the amount of such loss or damage.
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
Page 51 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
6.18 Insurance: The contractor shall maintain and shall require his sub-contractors to
maintain in full force and effect, policies obtained from insurance companies in
India, acceptable to Engineer, during the execution of this Contract.
i) All such insurance as are required by law for the purpose at the contract at the cost
of the contractor.
ii) All such insurance required in respect of equipment purchased out of advance
received from the OWNER at the cost of the contractor.
iii) All such insurance required in respect of tools, plant, equipment and materials
issued by the OWNER, if any.
iv) Insurance for works against loss and damage due to fire, flood, earthquake, riots,
civil war, insurrection, damage by aircraft and hostilities and due to other reasons
over which the CONTRACTOR has no control (defined under Excepted Risks)
which shall be for the full amount of the contract value and the policy shall be
effected in the name of the OWNER.
vi) Third Party Insurance: Before commencing execution of the work, the
CONTRACTOR shall, without in any way limiting his obligations and
responsibilities under clause 6.18 (i) to (v) above insure against any damage, loss
or injury which may occur to any property including that of the OWNER or to any
person (including any employee of the OWNER) by or arising out of carrying out of
the contract.
6.18.1 The aforesaid insurance policy/policies shall provide that they shall not be
cancelled till the OWNER has agreed to their cancellation.
6.18.2 The CONTRACTOR shall prove to the OWNER from time to time that he has
taken out all the insurance policies referred to above and has paid the necessary
premia for keeping the policies alive till expiry of the Defects Liability Period.
6.18.3 The CONTRACTOR shall ensure that similar insurance policies are taken out by
his sub contractors (if any) and shall be responsible for any claims or loss to the
OWNER resulting from their failure to obtain adequate insurance protection in
connection with thereof. The CONTRACTOR shall produce or cause to be
produced by his sub-contractor (if any) as the case may be, the relevant policy or
policies and premium receipts as and when required by the OWNER.
6.18.4 If the CONTRACTOR and/or his sub-contractors (if any) shall fail to effect and keep
in force the insurance(s) referred to above or any other insurance which he/they
may be required to effect under the, terms of the Contract, then and in any such
cases, the OWNER may, without being bound to do so keep in force any such
insurance and pay such premium or premia as may be necessary for that purpose
and from time to time deduct the amount so paid by the OWNER from any money
due or which may become due to the CONTRACTOR or recover the same as a
debt due from the CONTRACTOR with interest @ 15% per annum. Applicable
GST shall be recovered from the Contractor for such deduction.
6.19 Indemnity: The CONTRACTOR shall at all times indemnify the OWNER against all
claims, damages or compensation under the provisions of Payment of Wages Act,
1936. Minimum Wages Act 1948, Employer’s Liability Act, 1938, the Workmen’s
Compensation Act, 1923, Industrial Disputes Act, 1947 and the Maternity Benefit
Act, 1961, Employees Provident Fund Act, Contract Labour Regulation and
Abolition Act, 1970, Mines Act, 1952 or any modifications thereof or any other law
relating thereto and rules made thereunder from time to time or as a consequence
of any accident or injury to any workman or other persons in or about the Works,
whether in the employment of the CONTRACTOR or not, save and except where
such accident or injury has resulted from any act of the OWNER, his agents or
servants, and also against all costs, charges and expenses of any suit, action or
proceedings arising out of such accident or injury and against all sum or sums
which may with the consent of the CONTRACTOR be paid to compromise or
compound any claim. Without limiting his obligations and liabilities as above
provided, the CONTRACTOR shall insure against all claims, damages or
compensation payable under the Workmen’s Compensation Act, 1923 or any
modification thereof or any other law relating thereto.
6.19.1 The CONTACTOR shall indemnify and keep indemnified the OWNER against all
losses and claims for injuries or damage to any persons or any property
whatsoever which may arise out of or in consequence of the construction and
maintenance of Works and against all claims, demands, proceedings, damages,
costs, charges and expenses whatsoever in respect of or in relation thereto.
PROVIDED always that nothing herein contained shall be deemed to render the
CONTRACTOR liable for or in respect of or to indemnify the OWNER against any
compensation or damage caused by the Excepted Risks.
1. Should at any time during the continuance of the contract the performance in whole
or in part of any obligations by either party under this contract be held up by
reasons of any war, hostility, acts of foreign enemy, civil commotion, sabotage,
fires, contaminations by radio activity from any nuclear fuel or from nuclear waste
radioactive toxic explosive , cause due solely to the design of works, other than
contractors design, pressure waves caused by aircraft or other aerial devices
travelling at sonic or supersonic speeds , floods, earthquakes, explosions,
epidemics, cyclones, quarantine restrictions, Governmental regulations, law and
order and other proclamations etc. or any other happening including judicial,
executive or Administrative orders of any Competent Authority, which are beyond
the control of either party (hereinafter referred to as “events”), then provided notice
of the happening of any such eventuality is given by either party to the other within
14 days from the date of occurrence thereof neither party shall, by reasons of such
eventuality, be entitled to terminate this contract nor shall either party have any
claim for damage against the other in respect of such non-performance or
delay in performance, and the work under this contract shall be resumed as soon
as practicable after such eventuality has come to an end or ceases to exist. The
decision of the OWNER as to whether to resume the work or not shall be final and
conclusive; at the discretion of the Owner/Purchaser, time of completion shall then
be extended.
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
Page 53 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
a) Contamination by radio activity from any nuclear fuel, or from any nuclear
waste radioactive toxic explosive;
b) A cause due solely to the design of the Works, other than the Contractors
design;
d) Loss or damage due to the use or occupation by the Owner of any Section
or part of the Permanent Works except as may be provided for in the
Contract
Note : In addition to the above, ‘The Effect of Naxal Activity’’, if established can also be
included as a force majeure condition for Bailadila Sector.
2. Should one or both the parties be prevented from fulfilling their contractual
obligations by a state of force majeure lasting continuously for a period of at least
two months, the two parties should consult each other regarding further
implementation of the contract with the provision that if no mutually satisfactory
arrangement is arrived at within a period of one month from the expiry of two
months referred to above, the contract shall be deemed to have expired at the end
of the aforesaid two (2) months. Such expiry of the contract will not relieve the
parties from the obligation to reach agreement regarding winding up and financial
settlement of the contract.
3. The above mentioned force majeure events shall not include constraints which
could prudently be foreseen like shortage of power, non-availability of raw
materials, difficulties in making transport arrangement, break down of machines,
strikes, lock outs etc.
4. The above mentioned force majeure conditions/clause shall also apply to the works
of sub-contractor/ supplier provided such sub-contractors/ suppliers are named in
the contract.
6.21 Compliance with Statute, Regulations etc: The CONTRACTOR shall comply
with the provisions of any Statute, ordinance or law made under any Act of
Parliament, State laws or any regulation or bye-laws of any local authority relating
to the works and keep the OWNER indemnified against all penalties and liabilities
of every kind for breach of any such Statute, ordinance, law, rule, regulations, Bye-
law etc. He shall, before making any variation from the contract drawing
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
Page 54 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
6.22 Notice to Local Bodies and payment of fees: The CONTRACTOR shall give all
notices and pay all fees or charges payable under any Act of Parliament, State
laws or any Government instrument, rule or order and any regulations or bye-laws
of any local authority in respect of the works.
6.23 Urgent works: If any urgent work (in respect whereof the decision of the
ENGINEER shall be final and binding) becomes necessary and the
CONTRACTOR is unable or unwilling to carry it out at once, the Engineer-in-
Charge may by his own or by other work people, carry it out as he may consider
necessary. If the Urgent work shall be such as the CONTRACTOR is liable under
the Contract to carry it out at his expenses, all expenses incurred on it by the
OWNER shall be recoverable from the CONTRACTOR and be adjusted or set off
against any sum payable to him.
6.25 Training of Apprentices: The CONTRACTOR shall during the currency of the
Contract when called upon by the ENGINEER, engage and also ensure
engagement by his sub-contractors and others employed by the CONTRACTOR in
connection with the works, such number of Apprentices and for such periods as
may be required by the OWNER. The CONTRACTOR shall train them as required
under the Apprentices Act, 1961 and shall be responsible for all obligations of the
employer under the Act including liability to make payment to apprentices as
required under the Act.
i. Supply of goods or services or both covered under this tender shall attract
Goods and Service Tax (GST) at applicable rate as amended from time to
time. The Tenderer should clearly mention GST in addition to the basic cost
i.e., CGST+ SGST+ Compensation Cess if any in case of intrastate supplies
or IGST + Compensation cess, if any in case of interstate supplies and
imports in their price bid along with the rate applicable unless notified as
exempted.
ii. The tenderer shall mention in the Invoice, their GST registration Number
(GSTIN), 2 digit or 4 digit HSN code (as applicable) along with description of
goods as per Goods and Service Tax Act, Rules and Notifications made
thereunder for the items listed in the price schedule of the tender.
iii. Tenderer should submit GST invoice for the supplies made to Owner as per
the provisions of Goods and Service Act for availing input tax credit by the
owner. Further, tenderer shall ensure to file monthly returns along with
payment of taxes to the appropriate authority as applicable within the
prescribed time as per GST Rules made thereunder.
iv. Tenderers must submit a copy of certificate of registration i.e., GST REG –
06.
v. Tenderers who opted for composition levy under GST, shall submit a copy
of the intimation filed in From GST CMP-01. The tenderer however shall
submit a copy of final certificate of registration i.e., GST REG – 06 after the
receipt of the same.
vi. Tenderer opting for composition scheme shall not quote any taxes under
GST and such bids would invariably be evaluated without taxes under GST
vii. The Composition tenderer shall submit “Bill of Supply” with the terms
mentioned in bill of supply as “Composition taxable person, not eligible to
collect tax on Supplies” for the supplies made by him.
viii. At the time of evaluation of offers of the registered Tenderer, OWNER will
consider Input Tax Credit (ITC), if eligible, in respect of eligible goods or
services or both indicated in the Commercial Bid Format and their
commercial status will be arrived at accordingly.
xi. GST TDS shall be deducted at 2% or any other rate as may be amended
from time to time on the goods or services procured by the bidder at the
time of making payment. This will be deducted by the owner and the same
will be deposited to the Government as per the timelines prescribed. GST
TDS certificate can be downloaded by the tenderer for claiming credit of the
same.
xii. In case any credit, refund or other benefit is denied or delayed to Owner due
to any non-compliance by the supplier (Such as failure to upload the details
of the sale on the GSTN portal, failure to pay GST to government) or due to
non-furnishing or furnishing of incorrect or incomplete documents by the
supplier, the supplier would reimburse the loss to Owner, including loss of
credit, interest and penalty.
ii. Any reduction in tax rates or withdrawal of taxes that are levied by the
government during the tenure of the contract shall be passed on to the
Owner’s account.
iii. However, for any new taxes levied by the Government and statutory
variation during the extended time of the contract, if any, due to the reasons
attributable to the Owner, the variation of tax rates will be to the Owner’s
account
iv. However, the amount of taxes and duties are limited to the contract value
and the variations in the rates are not payable, if the contract is completed
in the extended time for the reasons not attributable to Owner and shall not
be reimbursed to contractor.
i. Tenderer shall issue tax invoice indicating all the specified fields in the Tax
invoice Rules as notified including HSN/SAC codes, GSTIN Number
ii. Tenderer is responsible for uploading his outward supplies data with GSTN in
the month of supply and any demand of interest and penalty from Revenue
Authorities to the OWNER for failure of the Tenderer to upload the invoice or to
accept purchase data filed by OWNER in GSTR-2 shall be to the account of
Tenderer.
iii. In the event of non-reporting of invoices for supplies effected to OWNER during
the month or non-acceptance of purchase data submitted by OWNER relying
on the invoice received from Tenderer, OWNER is entitled to withhold the GST
claimed in the Tax Invoice.
vi. In case, the government notifies the activity covered in the contract for the
purpose of TDS under GST Act, OWNER shall deduct TDS from the Tenderer
bills and will issue necessary certificate to the Tenderer to claim credit of the
same.
vii. It is the responsibility of the Tenderer to determine the place of supply in terms
of the place of supply rules
7.1 Tools, plant and Equipment: The CONTRACTOR shall arrange at his own
expense all tools, plant and equipment (hereinafter referred to as T&P) required for
execution of works, except for the items specifically listed in the Special Conditions
of Contract, if any, which will be given to him on hire (if the same can be spared by
the OWNER) by the OWNER at rates shown therein. .
In order to ensure timely completion of the work, in accordance with the time
schedule indicated in the bar chart, the tenderer should deploy adequate number of
equipments and machinery. To meet the completion schedule additional equipment
as required will have to be mobilized to complete the job in time.
Note: The Contractor shall make suitable provisions for repairs and maintenance
of the equipment mobilized and always keep them in good working condition, as
the repair facilities for such equipments are not available at project site. The bidder
shall accordingly propose equipment to be deployed by him for work as per Form
E. The equipment/machinery details should be with the capacity and numbers,
schedule of deployment and period for which the same shall be available at site.
The equipments, tools and tackles shall be suitably augmented by the successful
tenderer to achieve the timely completion of the work as per the work programme
and direction of the Engineer-in-charge, without any additional liability to NMDC.
7.2 Materials: The CONTRACTOR shall at his own expenses, provide all the
materials required for the works.
Cement: Contractor shall procure Cement from main cement manufacturers like
ACC, CCI, Ultratech, Ambuja, Jaypee, Grasim, Coromandal, Ramco, Priya, Sagar,
Maha Cement, Birla make, Nagarjuna, Zuari, JK Cement. The contractor shall
procure only 43/53 grade ordinary Portland Cement and Portland Slag cement
(confirming to IS 269-1989 and IS 455-1989 respectively) as required in the work,
from reputed manufactures of cement.
7.2.1 All materials to be provided by the CONTRACTOR shall be in conformity with the
Specifications laid down in the Contract and the CONTRACTOR shall, if requested
by the ENGINEER, furnish proof to the satisfaction of the OWNER, that the
materials so comply.
7.2.2 The CONTRACTOR shall, at his own expense and without delay, supply to the
OWNER, samples of materials proposed to be used in the works. The OWNER
shall within seven days of supply of samples, intimate to the CONTRACTOR in
writing if samples are not approved by him. If samples are not approved, the
CONTRACTOR shall forthwith arrange to supply fresh samples complying with the
specifications laid down in the Contract to the OWNER for his approval.
7.2.3 The OWNER shall have full powers to require removal of any or all the materials
brought to site by the CONTRACTOR which are not in accordance with the
Contract specifications or do not conform in character or in quality to samples
approved by him. In case of default on the part of the CONTRACTOR in removing
the rejected materials, the OWNER shall be at liberty to have them removed by
other means. The OWNER shall have full powers to procure other proper
materials to be substituted for rejected materials, in the event of the
CONTRACTOR refusing to comply with instructions in this regard. All costs, which
may be incurred upon such removal and/or substitution, shall be borne by the
CONTRACTOR.
7.2.4 The CONTRACTOR shall indemnify the Corporation, its representative and
employees against any action, claim or proceeding relating to infringement or use
of any patent or design or any alleged patent or design rights and shall pay any
royalties or other charges which may be payable in respect of any article or
material or part thereof included in the Contract. In the event of any claim being
made or action being brought against the OWNER or any agent, servant or
employee of the OWNER in respect of any such matters as aforesaid, the
CONTRACTOR shall immediately be notified thereof.
7.2.5 All charges on account of Taxes and other duties and royalties on materials
obtained for the works from any source (excluding materials supplied by the
OWNER) shall be borne by the CONTRACTOR.
The OWNER shall be entitled to have tests carried out as specified in the Contract
for any materials supplied by the CONTRACTOR other than those for which as
stated above, proof of conformity to specifications to the satisfaction of the
OWNER has already been furnished at the cost of the CONTRACTOR and the
CONTRACTOR shall provide at his expense all facilities which the OWNER may
require for the purpose. If no tests are specified in the Contract and such tests are
required by the OWNER, the CONTRACTOR shall provide all facilities required for
the purpose and the charges of these tests shall be borne by the CONTRACTOR if
the tests disclose that the said materials are not in accordance with the provision of
the Contract. The cost of materials consumed in tests shall be borne by the
CONTRACTOR in all cases except when otherwise provided.
8.0 LABOUR
8.2 Labour returns and reporting of accidents: The CONTRACTOR shall furnish to
the OWNER, a distribution return of the number and description by trades of the
work people employed on the works. The CONTRACTOR shall also submit on the
4th and 19th of every month to the OWNER, a true statement showing in respect of
the second half of the preceding month and the first half of the current month (i) the
accidents, if any, that occurred during the said fortnight showing the circumstances
under which they occurred and the extent of damage and injury caused by them
and (ii) the number of female workers, if any, who have been allowed Maternity
Benefit as provided in the Maternity Benefit Act, 1961 or Rules thereunder and the
amount paid to them.
8.3 Wages: The CONTRACTOR shall pay to labour employed by him either directly or
through sub-contractors wages not less than the fair wages as defined in the
Contract Labour Regulations.
8.4.1 The CONTRACTOR shall comply with all the provisions of the payment of Wages
Act 1936, Minimum Wages Act 1948, Employer’s Liability Act 1938, Workmen’s
Compensation Act, 1923, Industrial Disputes Act 1947, Maternity Benefit Act 1961
and Mines Act, 1952, Contractor Labour Regulation & Abolition Act 1970, Provident
Fund Act or any order made there under/thereof or any other law relating thereto
and rules and made hereunder from time to time.
8.4.2 The CONTRACTOR shall be liable to pay his contribution and the employee’s
contribution to the State Insurance Scheme in respect of all labour employed by
him for the execution of the contract, in accordance with the provision of “The
Employees State Insurance Act, 1948” and Provident Fund Act as amended from
time to time. In case of default, the ENGINEER will be entitled to withhold an
amount of contribution as assessed by him from the CONTRACTOR’s bills till such
time the CONTRACTOR produces evidence of remittance of the same to the
concerned authorities.
8.4.3 The OWNER shall, on a report having been made by the Inspecting Officer as
defined in the Contract Labour Regulations, have the power to deduct from the
moneys due to the CONTRACTOR any sum required or estimated to be required
for making good the loss suffered by a worker or workers by reason of non-
fulfillment of the conditions of the Contract for the benefit of workers non-payment
of wages or of deductions made from his or their wages which are not justified by
the terms of the Contract or non-observance of the said Contract Labour
Regulations.
8.4.4 The CONTRACTOR shall indemnify the OWNER against any payments to be
made under and for observance of the Regulations aforesaid without prejudice to
his right to claim indemnity from his sub-contractors.
8.4.5 The contractor shall take out necessary license under the Contract Labour
(Regulation and Abolition) Act, 1970 within the time limit allowed by the appropriate
Government and on his failing to do so within the prescribed time limit, the contract
will be liable for termination including forfeiture of Earnest Money /CPG
8.5 Model Rules for Labour Welfare: The CONTRACTOR shall at his own expense
comply with or cause to be complied with Model Rules of Labour Welfare as
appended to these conditions or rules framed by Central or State Government
from time to time for the protection of health and for making sanitary arrangements
for the workers employed directly or indirectly on the works. In case the
CONTRACTOR fails to make arrangements as aforesaid, the ENGINEER shall be
entitled to do so and recover the cost thereof from the CONTRACTOR.
8.6 Safety Code: The CONTRACTOR shall at his own expense arrange for the safety
provisions as appended to these conditions or as required by the ENGINEER in
respect of all labour directly or indirectly employed for performance of the works
and shall provide all facilities in connection therewith. In case the CONTRACTOR
fails to make arrangements and provide necessary facilities as aforesaid, the
Engineer shall be entitled to do so and recover the cost thereof from the
CONTRACTOR.
8.7 Insurance of workmen: All workmen shall be covered under insurance against
injury or any accident of fatal nature, at CONTRACTOR’S cost.
9.1 Quality of materials and workmanship and tests: All materials and workmanship
shall be of the respective kinds described in the Contract and in accordance with
the OWNER’S instructions and shall be subject from time to time to such tests as
the OWNER may direct at the place of manufacture or fabrication or on the site or
at all or any of such places. The CONTRACTOR shall provide such assistance,
instruments, machines, labour and materials as are normally required for
examining, measuring and testing any work and the quality, weight or quantity of
any material used and shall supply samples of materials before incorporation in the
Works for testing as may be selected and required by the OWNER.
To ensure that the services under the scope of this Contract are in accordance with
the specifications, the Contractor shall adopt suitable Quality Assurance
Programme to control such activities at all necessary points. The Contractor shall
prepare and finalise such Quality Assurance Programme before the award of
Contract. Owner shall also carryout quality audit and quality surveillance of
systems and procedures of Contractor’s quality control activities. A Quality
Assurance Programme of Contractor shall generally cover the following:
All costs associated with routine testing of materials required as per technical
specifications or by OWNER shall be included in the Contractor’s provision in his
quoted rates in the Schedule of items.
.
9.2 a) Cost of samples: All samples shall be supplied by the CONTRACTOR at his own
cost.
b) Cost of tests not provided for etc: If any test is ordered by the ENGINEER which is
either not so intended by or provided for or (in the cases mentioned above) is not
so particularized or though so intended or provided for is ordered by the engineer
to be tested out by an independent person or departmentally at the site or at place
of manufacture\fabrication of the material, than the cost of such tests shall be
borne by the CONTRACTOR if the test shows the workmanship or materials not to
be in accordance with the provisions of the contract or the Owner’s instructions
butjn otherwise the cost of such tests shall be borne by the OWNER
9.3 Inspection and Approval: The ENGINEER or his representative shall have power
to inspect and examine any part of works at any time and the CONTRACTOR shall
give such facility as may be required for such inspection and examination. All
works embracing more than one process shall be subject to examination and
approval at each stage thereof and the
9.3.1 Before pouring any concrete OWNER’s approval shall be obtained for the
reinforcement and embedment etc., as to whether the same have been fabricated
and placed in position in accordance with the approved construction drawings.
9.3.2 General approval of the Engineer shall be obtained by the contractor for the
shuttering and other arrangements which have any bearing on the quality of the
concreting work and/or the work as a whole.
a) The design Mix and quality of concrete shall be subject to approval by the OWNER.
Strength of Concrete shall be determined in accordance with the test procedures
laid down in the specifications/IS codes.
9.3.4 For structural steel items, Engineer’s approval shall be obtained before erection
and alignment.
9.4 Examination of work before covering up: No work shall be covered up or put out
of view without the approval of the OWNER or his authorized representative and
the CONTRACTOR shall afford full opportunity for examination and measurement
of any work which is about to be covered up or put out of view and for examination
of foundations before permanent work is placed thereon. The CONTRACTOR
shall give due notice to the OWNER whenever any such work or foundation is
ready for examination and the OWNER or his representative shall without
unreasonable delay, unless he considers it unnecessary and advises the
CONTRACTOR accordingly, attend for the purpose of examining and measuring
such work or of examining such foundations. In the event of the failure of the
CONTRACTOR to give such notice he shall, if required, by the OWNER uncover
such work at the CONTRACTOR’s expense.
9.4.1 Uncovering and Making good: The CONTRACTOR shall uncover any part of the
works and/or make openings in or through the same as the OWNER may from time
to time direct for his verification and shall reinstate and make good such part to the
satisfaction of the OWNER. If any, such part has been covered up or put out of
view after being approved by the OWNER, subsequently found on uncovering to be
executed in accordance with the contract, the expenses of uncovering and/or
making opening in or through, reinstating and making good the same shall be
borne by the OWNER. In any other case, all such expenses shall be borne by the
CONTRACTOR.
9.5 Suspension of works: The CONTRACTOR shall, on receipt of the order in writing
of the OWNER suspend the progress of the works or any part thereof for such time
and in such manner as the OWNER may consider necessary, for any of the
following reasons:
ii) For proper execution of works or part thereof for reasons other than the default
of the CONTRACTOR or
iii) For safety of the works or part thereof for reasons other than the default of the
CONTRACTOR.
The CONTRACTOR shall during such suspension, properly protect and secure the
works to the extent necessary and carry out the instructions given in that behalf by
the ENGINEER.
9.5.1 If the suspension is ordered for reasons (ii) and (iii) in clause No. 9.5 above, and
the period of suspension is more than 30 days the CONTRACTOR shall be entitled
to extension of time equal to the period of such suspension.
9.5.2 Suspension lasting more than a month: If suspension is ordered for reasons (ii)
and (iii) in clause No.9.5 above and the period of each suspension exceeds 30
days, then the CONTRACTOR shall be entitled to-a) An extension of time equal to
the period of every such suspension plus 10 %( ten percent)
9.5.3 Suspension lasting more than 3 months: If the progress of the works or any
part thereof is suspended on the written orders of the OWNER for more than 3
months at a time except when suspension is ordered for reasons (i) of clause 9.5
above, the CONTRACTOR may serve a written notice on the OWNER requiring
permission within 30 days from the receipt of the said notice by the OWNER to
proceed with the works or part thereof in regard to which progress has been
suspended and if such permission is not granted within that time the
CONTRACTOR, by a further written notice so served, may (but is not bound to)
elect to treat the suspension where it effects only a part of the works as an
omission of such part as under clause 12.0 of these conditions or where it affects
the whole of the works as an abandonment of the contract by the OWNER, without
attaching any liability therefore on the OWNER.
9.6.1 In case of repairs and maintenance works, splashes and droppings from white
washing, painting etc. shall be removed and surfaces cleaned, simultaneously with
completion of these items of work in individual rooms, quarters or premises etc.
where the work is done, without waiting for completion of all other items of work in
the Contract. In case the CONTRACTOR fails to comply with the requirements of
this condition, the OWNER shall have the right to get the work done by other
means at the cost of the CONTRACTOR. Before taking such action, however, the
OWNER shall give three days notice in writing to the CONTRACTOR.
10.1 Time of completion: Time is the essence of the contract. Subject to any
requirement in the contract as to completion of any portion of the works before
completion of the whole, the whole of the work shall be completed within the time
specified in the Notice Inviting Tender or such extended time as may be allowed
under the provisions of the contract.
10.3 Rate of progress: The CONTRACTOR shall, within 15 (Fifteen) days after the
issue of Letter of Award of Contract prepare a Time and Action/Progress Chart.
The Chart shall be prepared in direct relation to the time stated in the Contract
Documents for completion of items of the works (both in physical and fiscal terms).
It shall indicate the forecast of the dates of commencement and completion of
various trades or sections of the work and may be amended, as necessary, by
mutual agreement between the OWNER and the CONTRACTOR, within the
limitations of time imposed in the Contract Documents. Further to ensure good
progress during the execution of the works, the CONTRACTOR shall in all cases,
in which the time allowed for any work exceeds one month, complete 1/8th of whole
of the work before ¼th of the whole time allowed in the contract has elapsed; 3/8th
of the work before one half of such time has elapsed and ¾th of the work before ¾th
of such time has elapsed.
10.3.1 The OWNER, however, reserves the right to release initially as much of the
fronts/sites and drawings as may be required to enable the CONTRACTOR to
commence the construction of the works, and release such further fronts/sites and
drawings in phases in accordance with approved programme. If there is delay in
handing over the site/release of front and drawing to the CONTRACTOR in
accordance with the terms of this clause, the OWNER will grant suitable extension
of time for the completion of work in accordance with clause 10.4 of these
conditions. No other claim on account of this shall be entertained by the OWNER.
If, at any time during the continuance of the contract, the performance in whole or in
part of any obligations under the contract, shall be prevented or delayed by either
party by reasons of the following:
h) Suspension of work by the OWNER for reasons other than the default by
the CONTRACTOR
i) Any other cause, which being in the absolute discretion of the OWNER, is
beyond the CONTRACTOR’s control.
Then upon the happening of any such event(s) causing delay, the CONTRACTOR
shall immediately give notice thereof in writing to the ENGINEER. Neither party, by
reason of such eventuality, be entitled to terminate the contract nor shall have any
claim for damages, one against the other, in respect of such non-performance or
delay in performance and the work under the contract shall be resumed as soon as
practicable, once such eventuality has come to an end or has ceased to exist. The
decision of the ENGINEER as to when the work has been so resumed shall be final
and binding. The OWNER shall, in any such case, give extension of time as per
clause 9.5.1 and 9.5.2. The basis of granting extension will be the period of such
happening causing delay. Such extensions shall be communicated to the
CONTRACTOR by the OWNER in writing within 3 months of the date of receipt of
such request by the OWNER and the decision of the ENGINEER in this regard
shall be final and binding on the CONTRACTOR. The CONTRACTOR shall
nevertheless constantly Endeavour to prevent or make good the delay and shall do
all that may be reasonably required to the satisfaction of the ENGINEER to
proceed with the works.
10.4.1 Request for extension of time, to be eligible for consideration, shall be made by the
CONTRACTOR in writing within 14 days of happening of the event causing delay.
10.5 Liquidated damages for delay in Completion: Time is the essence of the
contract. It shall be the responsibility of the Contractor to complete the work within
the stipulated period of completion including the authorized extensions, if any,
granted by the OWNER.
In case the CONTRACTOR fails to complete the work successfully within the
period of completion including the extended time as stipulated above, he shall be
liable to pay to the OWNER, as liquidated damages and not as a penalty, a sum at
the rate of ½% (half percent) of the total contract value of the work for every week
or part thereof which shall be elapsed between the scheduled time of completion of
work (including the authorized extended time, if any) and the actual date of
completion of work. PROVIDED always that the total amount of such liquidated
damages for delay to be paid under this condition shall not exceed 10% (Ten
percent) of the total contract value.
The levy of LD shall be on the final executed value / amended value, including
escalations (excluding taxes) as applicable, of the contract including additions to
scope by way of interim approvals. However, LD shall not be levied on amount paid
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under amicable settlement, conciliation and arbitral awards settled after completion
of work. Imposition of LD shall be based on recommendations, subject to approval
of Competent Authority.
The OWNER may, without prejudice to any other method of recovery, deduct the
amount of such damages from any money in hands, due, or which may become
due, to the CONTRACTOR under the contract or any other contract between the
CONTRACTOR and the OWNER. The payment or deductions of such damages
shall not relieve the CONTRACTOR of his obligation to complete the works or from
any other of his obligations and liabilities under the contract.
10.5.1 In addition to the above, the OWNER shall be free to cancel the contract or a
portion thereof and get the same executed through any other agency or agencies
at the risk and cost of the CONTRACTOR. In the event of such action is taken, the
CONTRACTOR shall be liable to pay for any loss which the OWNER may sustain
but he will not be entitled to any gain made by the OWNER on the account of such
default of the CONTRACTOR. The manner and method of taking such action shall
be at the entire discretion of the OWNER whose decision in the matter shall be
final and binding. This right shall be without breach/prejudice to the other rights of
the OWNER to recover damages for any other breaches of contract by the
CONTRACTOR.
10.6 Completion Certificate: As soon as the work is completed, in all respects to the
satisfaction of the ENGINEER, the CONTRACTOR shall give notice of such
completion to the OWNER and within 30 days of receipt of such notice the
OWNER shall inspect the work and shall furnish the CONTRACTOR with a
certificate of completion, within 15 days after the inspection, indicating therein a)
date of completion; b) defects to be rectified by the CONTRACTOR; and/or c)
items for which payment shall be made at the reduced rate. No certificate of
completion shall be issued nor shall the work be considered to be completed till
CONTRACTOR shall have removed from the premises on which the work has
been executed all scaffoldings, sheds, and surplus material (except such as are
required for rectification of defects) rubbish and all huts and sanitary arrangements
required for his workmen on the site in connection with the execution of the work,
as shall have been erected by the CONTRACTOR or the workmen and cleaned all
dirt from the part of building(s) in upon or about which the work has been executed
or of which he may have had possession for the purpose of the execution thereof,
cleaned floors, gutters and drains, eased doors and sashes, oiled locks and
fastenings, labeled keys clearly and handed them over to the OWNER and made
the whole premises fit for immediate occupation; or use to the satisfaction of the
OWNER. If the CONTRACTOR shall fail to comply with any of the requirement of
these conditions as aforesaid, on or before the date of completion of the works, the
OWNER may at the expense of the CONTRACTOR fulfill such requirements and
dispose of scaffoldings, surplus materials and rubbish etc. as he thinks fit and the
CONTRACTOR shall have no claim in respect of any such scaffoldings or surplus
material except for any sum actually realized by the sale thereof less the cost of
fulfilling the requirements and any other amount that may be due from the
CONTRACTOR. If the expenses of fulfilling such requirements are more than the
amount raised on such disposal as aforesaid the CONTRACTOR shall forthwith on
demand pay such excess amount to the OWNER.
11.1 Definition of Defect Liability Period: In these conditions the expression Defect
Liability Period shall mean the period of maintenance named in the Appendix to
GCC, calculated from the date of completion of the entire works under the scope of
contract as certified by the OWNER in accordance with clause 10.6 hereof.
Cost of execution of repairs etc: All such works shall be carried out by the
CONTRACTOR at his own expenses if the necessity thereof is in the opinion of the
ENGINEER due to the use of materials or workmanship not in accordance with the
contract or due to the neglect or failure on the part of the CONTRACTOR to comply
with any obligations expressed or implied on the CONTRACTOR’s part under the
contract.
12.1 Variations: The OWNER shall have power (i) to make alterations in, omissions
from, additions to, or substitutions in the original specifications, drawings, designs
and instructions that may appear to him to be necessary or advisable during the
progress of the work and (ii) to omit a part of the works in case of non-availability of
a portion of the Site or for any other reasons. The CONTRACTOR shall be bound
to carry out the works in accordance with such instructions given to him in writing
signed by the OWNER and such alterations, omissions, additions or substitutions
shall form part of the contract as if originally provided therein. Any altered,
additional or substituted work which the CONTRACTOR may be directed to do in
the manner above specified as part of the works shall be carried out by the
CONTRACTOR on the same conditions in all respects at which he agreed to do
the main work.
12.2 Completion Time: In the event of any deviations resulting in additional cost over
the contract, sum being ordered the time for completion of the works shall be
extended as follows if requested by the CONTRACTOR.
i) In the proportion, which the additional cost of the altered, additional or substituted
works bears to the original contract sum, plus
ii) 10% of the time calculated in (i) above or such other time as may be considered by
the OWNER.
12.3 Valuation of variations: Rates for such additional, altered or substituted items of
work shall be determined by the Engineer, in the following manner:
(i) If, in the opinion of the ENGINEER, the rate for additional altered or substituted
item of work is specified in the Bill of Quantities, the CONTRACTOR shall carry out
the additional, altered or substituted item at the same rate. In the case of
composite tenders, where two or more Bills of Quantities may form part of the
contract, the applicable rate shall be taken from the Bill of Quantities of that
particular part in which the deviation is involved, failing that at the lowest applicable
rate for the same item of work in the other Bills of Quantities. However, where the
CONTRACTOR’s rate(s) for individual item(s) or works is (are) considered by the
OWNER to be absurdly high (freak item rates), any variation beyond the quantity
mentioned in the Bill of Quantities, shall be paid for at the rate(s) to be determined
by the ENGINEER by mutual discussion with Contractor as per provisions in sub
clause (iii) below.
ii) If in the opinion of the ENGINEER, the rate for the any altered, additional or
substituted items of work, is not specified in the Bill of Quantities, the rate for that
item shall be derived from the rate of items in the Bill of Quantities, which in the
opinion of the ENGINEER is the nearest similar item.
iii) If, the rate for any additional, altered or substituted item of work cannot be
determined in the manner specified in sub para (i) and (ii) above, then such item of
work shall be carried out at the rate entered in the Schedule of Rates mentioned in
the Appendix to GCC plus /minus the percentage by which the tendered amount of
the work actually awarded is higher or lower than the estimated amount of the work
actually awarded.
iv) If the rate for any altered additional or substituted item of work cannot be
determined in the manner specified in sub-paras (i) to (iii) above, then the rate for
such item of work shall be derived from the Schedule of Rates specified in sub
para (iii) above plus/minus the percentage mentioned in that sub-para. Provided
always that if rate(s) for part(s) of an item(s) is/are not specified in the Schedule of
Rates, the rate(s) for such part(s) shall be determined by the ENGINEER on the
basis of the purchase price as supported by the vouchers submitted by the
CONTRACTOR, unless the ENGINEER finds the purchase price indicated in such
vouchers as unreasonable. In the latter event the price shall be determined on the
basis of market rate(s) prevailing during the fortnight following the date of the order.
v) If, in the opinion of the ENGINEER the rate for any altered, additional or substituted
item of work cannot be determined in the manner specified in sub-paras (i) to (iv)
above, the CONTRACTOR shall, within 14 days of the date of receipt of order to
carryout the said work, inform the ENGINEER of the rate which he proposes to
claim for such item of work supported by detailed analysis of the rate claimed and
the ENGINEER shall within three months thereafter, after giving due consideration
to the rate claimed by the CONTRACTOR, determine the rate, as he may consider
reasonable on the basis of market rate(s). In the event of the CONTRACTOR
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failing to inform the ENGINEER within the stipulated period of time, the rate which
he proposes to claim, the rate for such item shall be determined by the ENGINEER
as he may consider reasonable on the basis of market rate(s).
vi) Provided that no order in writing shall be required from the ENGINEER for increase
or decrease in the quantity of any item of work where such increase or decrease is
the result of the certified actual quantities, executed based on approved
construction drawings exceeding or being less than those stated in the Bill of
Quantities. In such cases, always subject to provision of sub-clause 12.4 below,
regarding freak item rates, the CONTRACTOR shall be paid only for the actual
quantity of work done, as certified by the ENGINEER at the accepted unit item
rates and no compensation shall be allowed for any variation in quantities
mentioned in the Bill of Quantities.
12.4 Freak rate: Freak rate has been defined as the quoted rate less than 25 % of the
estimate rate or more than 100 % of the estimate rate.
13.1 Records and measurements: The OWNER shall, except as otherwise stated
ascertain and determine by measurement the value of the work done in
accordance with the contract.
13.1.1 All items having financial values shall be entered in measurement book, level book
etc. prescribed by the OWNER so that a complete record is obtained of all work
performed under contract.
13.1.3 Before taking measurements of any work, the OWNER or the person deputed by
him for the purpose shall give a reasonable notice to the CONTRACTOR. If
CONTRACTOR fails to attend or send authorized representative for measurement
or fails to countersign or to record the objection within a week from the date of
measurement, in any such events measurements taken by the OWNER, shall be
taken to be the correct measurements of the work.
13.1.4 The CONTRACTOR shall without extra charge provide assistance with every
appliance, labour and other things necessary for measurements.
13.1.5 Measurement shall be signed and dated by both parties each day on the Site on
completion of measurement. If the CONTRACTOR objects to any of the
measurements recorded on behalf of the OWNER, a note to that effect shall be
made in the measurement book against the item objected to and such note shall be
signed and dated by both parties engaged in taking the measurement. The
decision of the OWNER/ENGINEER on any such dispute or difference or
interpretation shall be final and binding on both the parties and shall be beyond the
scope of settlement of dispute by arbitration in respect of all contract items,
substituted items, extra items and deviations.
13.3.1 Payment on account for amount admissible shall be made on the ENGINEER
certifying the sum to which the CONTRACTOR is considered entitled after
deducting there from the amounts already paid, and such other amounts as may
be deductible or recoverable in terms of the Contract, provided the gross amount of
such bill is not less than 5% of the contract value as awarded. However, for items
involving more than one activity, stage-wise payment shall be made as provided in
the contract.
13.3.2 Payment of the CONTRACTOR’s bills shall be made by the OWNER within 30
days from the date of submission of the bill subject to the acceptance of the
ENGINEER.
13.3.3 Any interim certificate given relating to work done or materials delivered may be
modified or corrected by the OWNER by any subsequent interim certificate or by
the final certificate. No certificate of the OWNER supporting an interim payment
shall itself be conclusive evidence that any work or materials to which it/they
relate/relates is/are in accordance with the Contract.
13.4 Time limit for payment of final bill: The final bill shall be submitted by the
CONTRACTOR within three months of physical completion of the entire work as
certified by the Engineer in accordance with clause 10.6 of these conditions. No
further claim shall be made by the CONTRACTOR after submission of the final bill
and these shall be deemed to have been waived and extinguished. All approved
samples, as-built drawings shall be submitted along with final bill. An undertaking
stating that all statutory payments have been made and the OWNER shall be fully
indemnified from any claims from statutory authorities, shall also be enclosed.
Payment of these items of the bill in respect of which there is no dispute, shall be
made within six (6) months, the period being reckoned from the date of receipt of
the bill by the OWNER.
13.4.1 After payment of the amount of the final bill payable as aforesaid has been made,
the CONTRACTOR may, if he so desires, reconsider his position in respect of the
disputed portion of the final bill and if he fails to do so within 90 days, his disputed
claim shall be dealt with as provided in the contract.
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13.5 Overpayments and underpayments: Wherever any claim for the payment of a
sum of money to the OWNER arises out of or under this contract against the
CONTRACTOR, the same may be deducted by the OWNER from any sum then
due or which at any time thereafter may become due to the CONTRACTOR under
this contract and failing that under any other contract with the OWNER or from any
other sum due to the CONTRACTOR from the OWNER which may be available
with the OWNER or from his Contract Performance Guarantee or he shall pay the
claim on demand.
13.5.1 The OWNER reserve the right to carry out post payment audit and technical
examination of the final bill including all supporting vouchers, abstracts, etc. The
OWNER further reserve the right to enforce recovery of any overpayment, when
detected, notwithstanding the fact that the amount of the final bill may be included
by one of the parties as an item of dispute before an Arbitrator appointed under
Clause 16 of these conditions and notwithstanding the fact the amount of the final
bill figures in the Arbitration Award.
13.5.3 Any amount due to the CONTRACTOR under this contract for underpayment may
be adjusted against any amount then due or which may at any time thereafter
become due before payment is made to the CONTRACTOR, from him to the
OWNER on any other Contract or account whatsoever.
14.0 REMEDIES AND POWERS
14.1 Cancellation of Contract due to contractor’s Default: The OWNER reserves the
right to terminate the contract either in part or in full if the CONTRACTOR-
a) At any time makes default in proceeding with the works with due deligence
and continues to do so after notice in writing of 7 days from the OWNER; or
b) Commits default in complying with any of the terms and conditions of the
Contract and does not remedy it or take effective steps to remedy it within 7
days after a notice in writing is given to him in that behalf by the ENGINEER:
or
c) Fails to complete the works or part(s) thereof with individual dates of
completion, on or before the date(s) of completion, and does not complete
them within the period specified in a notice given in writing in that behalf of the
ENGINEER; or
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e) shall enter into a contract with the OWNER in connection with which
commission has been paid or agreed to be paid by him or to his knowledge,
unless the particulars of any such commission and the terms of payment
thereof have been previously disclosed in writing to OWNER; or
f) shall obtain a Contract with the OWNER as a result of ring tendering or other
non-bonafide methods of competitive tendering; or
h) being a company shall pass a resolution or the court shall make an order for
liquidation of its affairs, or a receiver or manager on behalf of the debenture
holders shall be appointed or circumstances shall arise which entitle the court
or debenture holder to appoint a receiver or a manager; or
i) shall suffer and execution being levied on his goods and allow it to be
continued for a period of 21 days; or
i) take possession of the site and any materials, constructional plant, implements,
stores etc. thereon, and/or
ii) carryout the incomplete work by any means at the risk and cost of the
CONTRACTOR.
from the CONTRACTOR for completion of works or part of the works or in case the
works or part of the works is not completed, the loss or damage suffered by the
OWNER. In determining the amount, credits shall be given to the CONTRACTOR
for the value of the work executed by him up to the time of cancellation, the value
of CONTRACTOR’s material taken over and incorporated in the works and use of
tackle and machinery belonging to the CONTRACTOR.
14.1.4 If the CONTRACTOR shall fail to pay the required sum within the aforesaid period
of 30 days, the ENGINEER shall have the right to sell any or all the
CONTRACTOR’s unused materials, constructional plant, implements, temporary
buildings, etc. and apply the proceeds of sale thereof towards the satisfaction of
any sums due from the CONTRACTOR under the Contract, and if thereafter there
be any balance outstanding from the CONTRACTOR, it shall be recovered in
accordance with the provisions of the Contract.
14.1.5 Any sums in excess of the amounts due to the OWNER and unsold materials,
constructional plant etc. shall be returned to the CONTRACTOR, provided always
that if cost or anticipated cost of completion by the OWNER of the works or part of
the works is less than the amount which the CONTRACTOR would have been paid
had he completed the works or part of the works such benefit shall not accrue to
the CONTRACTOR.
14.2.1 Valuation on the date of foreclosure: In such an event, the CONTRACTOR shall
be paid at Contract rates the amount for works executed at site and, in addition, a
reasonable amount as certified by the OWNER for the items hereunder mentioned
which could not be utilized on the work to the full extent because of the foreclosure.
i). Any expenditure incurred on preliminary site work eg. Temporary access roads,
temporary labour huts, staff quarters and site office; storage accommodation and
water storage tanks.
ii). The OWNER shall have the option to take over CONTRACTOR’s materials or any
part thereof either brought to site of which the CONTRACTOR is legally bound to
accept delivery from suppliers (for incorporating in or incidental to the work). For
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materials taken over by the OWNER, cost of such materials shall, however, take
into account purchase price, cost of transportation and deterioration or damage
which may have been caused to materials whilst in the custody of the
CONTRACTOR.
iii). For contractors material not retained by the OWNER, reasonable cost of
transporting such materials from the site to contractors nearest store or to his other
works, whichever is less shall be paid. If materials are not transported to either of
the said places, no cost of transportation shall be payable.
iv). If any materials supplied by the OWNER are rendered surplus, the same except
normal wastage shall be returned by the CONTRACTOR to the OWNER at the
rates not exceeding those at which these were originally issued less allowance for
any deterioration or damage which may have been caused whilst the material were
in the custody of the CONTRACTOR. In addition, cost of transporting such
materials from the site to the OWNER’s store if so required by the OWNER.
14.2.2 The CONTRACTOR shall, if required by the OWNER furnish him books of account,
wage books, time sheets and other relevant documents as may be necessary to
enable him to certify the reasonable amount payable under this condition.
The OWNER shall at his discretion and for the duration of execution of the
Contract make available at site, free of charge, land for construction of
CONTRACTOR’s field office, workshop, stores, magazines for explosives in
isolated locations, assembling yard etc. required for execution of the Contract.
Levelling and dressing of site, any construction of temporary roads, offices,
workshop etc. as per plan approved by the ENGINEER shall be done by the
CONTRACTOR at his own cost.
15.2.2 Even though the OWNER may permit the CONTRACTOR to use any existing
source of water as per clause 15.2 above, the OWNER will not be responsible for
availability of sufficient water from such source and the CONTRACTOR shall be
responsible for making at his own cost alternative arrangements for water, if
necessary. The ENGINEER also reserves the right to limit the quantity of water to
be allowed to be drawn by the CONTRACTOR.
15.2.3 It will be the responsibility of the CONTRACTOR to satisfy himself that the water
drawn by him is fit for construction and to adequately treat such water before use at
his own cost when it is not found fit for the said purpose.
15.2.4 The CONTRACTOR shall make his own arrangements for storage of sufficient
quantity of water required for the work. He shall not be entitled to any payment on
account of the expenditure incurred in providing storage facilities.
15.3 Power Supply: Electricity will be supplied free of cost by the Corporation for
the work. However, the CONTRACTOR shall make his own arrangements for
installation of all necessary switch gear, wiring, fixtures, bulbs and other temporary
requirement for distribution and utilization of energy for power and lighting.
15.3.1 The CONTRACTOR shall ensure that the Electric Equipments and distribution lines
conform to Indian Electricity rules 1956 and Indian Electricity Act 1910 with latest
amendments.
16.1 All disputes or differences which may arise between the Owner and Contractor in
connection with this Contract (other than those in respect of which the decision of
any person is expressed in the Contract to be final and binding) shall, after written
notice by either party to the other and to the Chairman cum managing Director of
the NMDC Ltd. (who will be the appointing authority), be referred for adjudication to
the sole Arbitrator to be appointed as hereinafter provided.
16.2 The appointing authority will send within ninety days of receipt of the notice of
arbitration a panel of three names of persons, not directly connected with the work,
to the Contractor who will select any one of the persons named to be appointed as
a sole Arbitrator within 30 days of receipt of names. If the appointing authority fails
to send to the Contractor the panel of three names, as aforesaid, within the period
specified, the contractor shall send to the appointing authority a panel of three
names of persons who shall also be unconnected with the organization by which
the work is executed. The appointing authority shall on receipt of the names as
aforesaid select any one of the persons named and appoint him as the sole
Arbitrator. If the appointing authority fails to select the person and appoint him as
the sole Arbitrator within 30 days of receipt of the panel and inform the Contractor
accordingly, the Contractor shall be entitled to invoke the provisions of the Indian
Arbitration and Conciliation Act 1996 as amended from time to time.
16.3 The further progress of any work under the contract shall unless otherwise directed
by the Owner / Engineer continue during the arbitration proceedings and no
payment due or payable by/to the Owner shall be withheld on account of such
proceedings. It shall not be open to arbitrator to consider and decide whether or not
such work shall continue during the arbitration proceedings.
16.4 The laws applicable to the Contract shall be the laws in force in India. The Courts
of Hyderabad, Telangana State shall have exclusive jurisdiction in all matters
arising under this Contract.
16.5 The venue of the arbitral proceedings shall be Hyderabad, Telangana State, India.
16.6 The arbitral tribunal shall give reasons for its award. Each party shall bear its own
cost and the cost of arbitration shall be equally borne by each party. The award
rendered in any arbitration hereunder shall be final and binding upon the parties.
The parties agree that neither party shall have any right to commence or maintain
any suit or legal proceeding concerning any dispute under this agreement until the
dispute has been determined in accordance with the arbitration proceeding
provided for herein and then only to enforce or facilitate the execution of an award
rendered in such arbitration
16.7 Arbitration between a Central Public Sector Undertaking of the Government of India
(not under the Ministry of Steel) and the Employer shall be as per the guidelines of
Ministry of Heavy Industries and Public Enterprises, Government of India.
16.8 Arbitration between a Central Public Sector Undertaking of the Government of India
under the Ministry of Steel, Government of India and the Employer, shall be as per
the guidelines of the Ministry of Steel.
16.9 The mechanism for settling the dispute through Arbitration shall be applicable only
in cases where the disputed amount or the amount of all claims put together does
not exceed 25% of the contract value or maximum of disputed claim amount shall
not exceed Rs.100 crores whichever is lower. In case the disputed amount
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
Page 77 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
exceeds the above referred percentage of 25% of contract value or maximum value
of total claim value of Rs.100 crores, the parties shall be within their rights to take
recourse to remedies that may be available to them under the applicable laws other
than Arbitration after the prior intimation to the other party.
16.10 Parties agree that neither party shall be entitled for any pre-reference or pendente-
lite interest, i.e. date of cause of action till the date of the Award by the Arbitral
Tribunal. Parties agree that claim for any such interest shall not be considered and
shall be void. The Arbitral Tribunal shall have no right to award pre-reference or
pendente-lite interest in the matter.
16.11 Parties further agree that following matters shall not be referred to Conciliation and
Arbitration
16.11.1 Any claim, difference or dispute relating to, connected with or arising out of
NMDC’s decision to initiate any proceedings for suspension or banning, or
decision to suspend or to ban business dealings with the Bidder/Contractor and
/or with any other person involved or connected or dealing with bid/ contract/
bidder/ contractor.
17.1.1 All instructions, notices and communications etc under the Contract shall be given
in writing and if sent by Registered post to the last known place of abode or
business of the CONTRACTOR shall be deemed to have been served on the date
when in the ordinary course of post these would have been delivered to him.
17.1.2 The CONTRACTOR or his Agent shall be in attendance at the site(s) during all
working hours and shall superintend the execution of the works which such
additional assistance in each trade as the may consider necessary, Orders given to
the CONTRACTOR’s Agent shall be considered to have the same force as if they
had been given to the CONTRACTOR himself.
17.1.3 The OWNER shall communicate or confirm the instructions to the CONTRACTOR
in respect of the execution of work in a Work Site Order book maintained in the
office of the OWNER and the CONTRACTOR or his authorised representative shall
confirm receipt of such instructions by signing the relevant entries in this Book. If
required by the CONTRACTOR he shall be furnished a certified true copy of such
instruction(s).
17.2 Notice by and on behalf of the Contractor: Any notice to be given by the contractor
to the OWNER under the terms and conditions of the contract shall be considered
as duly served, if the same is delivered to, left for or posted by Registered Post to
the OWNER’s last known address.
The Corporation reserves its right to amend, modify or withdraw this tender at any
stage of contract either before awarding of the same or during currency of the
contract if there is any change in law more particularly under contract Labour
(Regulation & Abolition) Act or any notification issued by Govt. of India under the
said Act, in such an event of the corporation shall have not liability whatsoever to
reimburse any loss or expenses that may be incurred by the Contractor.
The contract shall in all respects be construed and operated as an Indian Contract.
The contract and all rights hereunder shall be governed by the laws of the Union of
India for the time being in force and shall be subject to the jurisdiction of the court
situated at Hyderabad, Andhra Pradesh, India.
The Contractor shall prepare and finalize in consultation with OWNER, a detailed
contract coordination procedure within 30 days from the date of issue of Letter of
Award of Contract for the purpose of execution of the Contract.
The Contractor shall have to attend all the meetings at his own cost with OWNER
during the currency of the Contract, as and when required and fully cooperate with
such persons and agencies involved during these discussions.
During the execution of the work, Contractor shall submit at his own cost a detailed
monthly progress report to the OWNER in three copies and shall also submit one
copy to Engineering Division of OWNER of HO by 15th of every month so that the
progress report can reach Engineering Division of OWNER latest by 20th of every
month.
19.0 DISCOVERIES
20.1 The Employer shall give possession of all parts of the Site to the Contractor, free
from encumbrances. Fronts and site shall be given progressively to meet the
mutually agreed construction schedule.
21.1 The Contractor shall allow the Engineer or his nominee and any person authorized
by the Engineer or his nominee access to the Site to any place where work in
connection with the Contract is being carried out or is intended to be carried out
and to any place where materials or plant are being manufactured, fabricated and
/or assembled for the works.
The Engineer or his nominee shall check the Contractor’s work and notify the
Contractor of any defects that are found. Such checking shall not affect the
Contractor’s responsibilities. The Engineer or his nominee may instruct the
Contractor to search for a Defect and to uncover and test any work that the
Engineer or his nominee considers may have a Defect.
23.0 TESTS
If the Engineer or his nominee instructs the Contractor to carry out a test not
specified in the Specification to check whether any work has a Defect and the test
shows that it does the Contractor shall pay for the test and any samples. In case
there is no defect the expenditure on the test shall be borne by NMDC.
APPENDIX TO GCC
GCC
Condition
No.
However, at the end of defects liability period, the Contractor’s liability will cease
except for latent defect
Note: Contract value will be taken as the value of the work as awarded or as executed
whichever is higher.
ANNEXURE- II
Dear Sirs,
The Owner / Employer shall have the fullest liberty without affecting in any way the liability
of the Bank under this guarantee from time to time to extend the time for performance of
the contract by the Contractor. The Owner / Employer shall have the fullest liberty, without
affecting this guarantee, to postpone from time to time the exercise of any powers, vested
in them or of any right which they might have against the Contractor, and to exercise the
same any time in any manner, and either to enforce or to forbear to enforce any
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
Page 82 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
covenants, contained or implied, in the contract between the Owner or any other course of
or remedy or security available to the Owner / Employer. The Bank shall not be released
of its obligations under these presents by any exercise by the Owner / Employer of its
liberty with reference to the matters aforesaid or any of them or by reason of any other
acts of omission or commission on the part of the Owner / Employer or any other
indulgence shown by the Owner / Employer or by any other matters or thing whatsoever
which under law would, but for this provision, have the effect of relieving the Bank.
The Bank also agrees that the Owner / Employer at its option shall be entitled to enforce
this Guarantee against the Bank as a principal debtor, in the first instance without
proceeding against the Contractor and notwithstanding any security or other guarantee
that the owner may have in relation the Contractor's liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is
restricted to _____________________ and it shall remain in force up to and including
_____________________* * and shall be extended from time to time for such period as
may be desired by M/s. ________________________ whose behalf this guarantee has
been given.
WITNESS
------------------------- Signature ---------------
Signature
------------------------- (Bank's Rubber Stamp)
(Name)
-------------------------------------- (Name) ------------------
Official address
No. -----------------------------
Dated ----------------------------
NOTE: * This sum shall be two percent (2%) of the contract price
** The date will be as specified in the contract
While issuing the Bank guarantee for Contract Performance, the issuing Bank must
furnish following details:
- Name & address of the Bank
- Contract person
- Telephone no.
- Fax no.
- E-mail address
The Tenderer while getting the Bank Guarantees issued by the Banker must take
care of the above details.
2. First Aid
2.1 At every workplace, there shall be maintained in a readily accessible place first aid
appliances including adequate supply of sterilised dressings and sterilised cotton
wool as prescribed in the Factory Rules of the State/Government of India. The
appliances shall be kept in good order and in large work places, they shall be
placed under the charge of a responsible person who shall be readily available
during working hours.
2.2 At large work places where hospital facilities are not available within easy distance
of the works, First Aid posts shall be established and to run by a trained
compounders.
2.3 As large workplaces are remotely situated and far away from regular hospitals, an
indoor ward shall be provided with one bed for every 250 employees.
2.4 Where large workplaces are situated in cities, towns or in their suburbs and no
beds are considered necessary owing to proximity of city or town hospitals suitable
transport shall be provided to facilitate removal of urgent cases of these hospitals.
At other workplaces, some conveyance facilities shall be kept readily available to
take injured person or persons suddenly taken seriously ill, to the nearest hospital.
2.5 At large workplaces there shall be provided and maintained an ambulance room of
the prescribed sizes, containing the prescribed equipment and in the charge of
such medical and nursing staff as may be prescribed. For this purpose the
relevant provisions of the Factory Rules of the State Government of the areas
where the work is carried on may be taken as the prescribed standard.
4.1 Where drinking water is obtained from an intermittent public water supply each
work place shall be provided with storage where drinking water shall be stored.
4.2 Every water supply storage shall be at a distance of not less than 15 meters from
any latrine, drain or other source of pollution. Where water has to be drawn from
an existing well which is within such proximity of latrine, drain or any other source
of pollution, the well shall be properly chlorinated before water is drawn from it for
drinking. All such wells shall be entirely closed in and be provided with a trap door
which shall be dust and water proof.
4.3 A reliable pump shall be fitted to each covered well, the trap door shall be kept
locked and opened only for cleaning or, inspection which shall be done at least
once a month.
5. Washing and Bathing Places: Adequate washing and bathing places shall be
provided separately for men and women. Such places shall be kept in clean and
drain condition.
6. Scale of Latrines and Urinals (for men and women): There shall be provided
within the precincts of every workplace latrines and urinals in an accessible place
separately for each of these shall not be less than at the following scales:
No. of seats
In particular cases, the OWNER shall have power to increase the requirement
where necessary.
7. Latrines and Urinals: Except in work workplaces provided with water flushed
latrines connected with a water borne sewage system all latrines shall be provided
with receptacles on dry earth system which shall be cleaned at least four times
daily and at least twice during working hours and kept in a proper sanitary
condition. Receptacles shall be tarred inside and outside at least once in a year.
7.1 If women are employed, separate latrine and urinals, screened from those from
men and marked in the vernacular in conspicuous letters. “For women only” shall
be provided on the scale laid down in rule. Those for men shall be similarly marked
“For Men only” A poster showing the figure of a man and a woman shall also be
exhibited at the entrance to latrines for each sex. There shall be adequate supply
of water close to latrines and urinals.
be disposed off by putting a layer of night soils at the bottom of pucca tank
prepared for the purpose and covering it with 15 cm layer of waste or refuse and
then covering it with a layer of earth for a fortnight (when it will turn into manure).
9.1 The CONTRACTOR shall at his own expense, carry out all instructions issued to
him by the Engineer-in-Charge to affect proper disposal of soil and other
conservancy work in respect of Contractor’s work people or employees on the site.
The CONTRACTOR shall be responsible for payment of any charges which may
be levied by municipal or cantonment authority for execution of such work on his
behalf.
10. Provision of shelters during rest: At every workplace there shall be provided
free of cost four suitable sheds, two for meals and two others for rest separately for
use of men and women labour. Height of each shelter shall not be less than 3
meters from floor level to lowest part of roof. Sheds shall be kept clean and the
space provided shall be on the basis of the least 0.5 sq.mtr. per head.
11.0 Creches: At a place at which 20 or more women workers are ordinarily employed,
there shall be provided at least one hut for use of children under the age of 6
years belonging to such women. Huts shall not be constructed to a standard lower
than that of thatched roof mud floor and wall with wooden planks spread over mud
floor and covered with matting.
11.1 Huts shall be provided with suitable and sufficient openings, for light and
ventilation. There shall be adequate provision of sweepers to keep the places
clean. There shall be two daises in attendance. Sanitary utensils shall be provided
to the satisfaction of local medical, health and municipal or cantonment authorities.
Use of huts shall be restricted to children, their attendants and mothers of children.
11.2 Where the number of women workers is more than 25 but less than 50 the
CONTRACTOR shall provide at least one hut and one Dai to look after children of
women workers.
11.3 Size of Creche (s) shall vary according to the number of women workers employed.
11.4 Creche/s shall be properly maintained and necessary equipment like toys etc.
provided.
12. Canteen: A cooked food canteen on a moderate scale shall be provided for the
benefit of workers where it is considered necessary.
13. Structures: Planning, setting and erection of the above mentioned structures shall
be approved by the OWNER and the whole of such temporary accommodation
shall at all times during the progress of the works be kept tidy and in a clean and
sanitary condition to the satisfaction of the Engineer-in-Charge and at the
CONTRACTOR’s expense. The CONTRACTOR shall conform generally to
sanitary requirements of local medical health and municipal or cantonment
authorities and at all times adopt such precautions as may be necessary to prevent
soil pollution of the site.
13.1 On completion of the works the site shall be cleaned of the whole of such
temporary structures, all rubbish shall be cleaned and burnt, excrete or other
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Page 86 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
disposal pit of trenches filled in and effectively sealed off and whole of site left
clean and tidy to the entire satisfaction of the Engineer in Charge and at the
CONTRACTOR’s expenses.
17. Amendments: The OWNER may from time to time add to or amend these Rules
and issue such directions as it may consider necessary for the proper
implementation of these Rules or for the purpose of removing any difficulty which
may arise in the administration thereof.
b) “Fair Wages” means wages, which shall include wages for weekly day of rest and
other allowances, whether for time or piece work, after taking into consideration
prevailing market rates for similar employment in the neighbour-hood but shall not
be less than the minimum rates of wages fixed under the payment of Minimum
Wages Act.
c) “Contractor” for the purpose of these regulations shall include an agent or sub-
contractor employing labour on the work taken on contract.
The working day of an adult worker shall be so arranged that inclusive of intervals,
if any, for rest it shall not spread over more than twelve hours on any day. When
an adult worker is made to work for more than NINE hours on any day or for more
than FORTY EIGHT hours in any week he shall in respect of overtime work be paid
wages at double the ordinary rate of wages.
ii) Weekly day of rest: Every worker shall be given a weekly day of rest which shall
be fixed and notified at least TEN days in advance. A worker shall not be required
or allowed to work on the weekly rest day unless he has or will have a substituted
rest day on one of the five days immediately before or after the rest day. Provided
that no substitution shall be made which will result in the worker working or more
than ten days consecutively without a rest day for a whole day.
iii) Where in accordance with the foregoing provisions worker works on the rest day
and has been given a substituted rest day he shall be paid wages for the work done
on the weekly rest day at the overtime rate of wages.
NOTE: The expression “ordinary rate of wages” means the fair wage to which a worker is
entitled to.
The Contractor shall before he commences his work on contract, display and
correctly maintain and continue to display and correctly maintain in a clean and
legible condition in conspicuous places on the works, notice in English and in the
local Indian Language, spoken by majority of workers, giving the rate of fair wages.
The hours of work for which such wages are payable the weekly rest days workers
are entitled to and name and address of the Inspecting Officer. The Contractor
shall send a copy each of such notices to the Inspecting Officers.
5. Fixation of Wage Periods: The Contractor shall fix wage periods in respect of which
wages to its employees/workmen shall be payable. No wage period shall normally
exceed one week.
6. The payment of fair wages shall be ensured strictly by the contractors to the
contract Labourers without fail.
7. Payment of wages:
i) Wages due to every worker shall be paid to him direct. All wages shall be paid in
current coins or currency or in both.
ii) Wages of every worker employed on the contract shall be paid where the wage
period is one week, within THREE days from the end of the Wage period; and in
any other case before the expiry of the 7th day or 10th day from the end of the wage
period according as the number of workers does not exceed 1,000 or exceeds
1,000.
iv) Payment of wages shall be made at the work site in presence of owner’s
representative on a working day except when the work is completed before expiry
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
Page 89 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
of the wages period, in which case final payment shall be made at the work site
within 48 hours of the last working day and during normal time.
NOTE: The term “working day” means a day on which the work on which labour is
employed, is in progress.
9. Employment Card: The Contractor shall issue an employment card in the Form
appended to these regulations to each worker on the day of work or entry into his
employment. If a worker already has any such card with him issued by the
previous employer, the Contractor shall merely endorse that Employment Card
relevant entries. On termination of employment the Employment Card shall again
be endorsed by the Contractor and returned to the worker.
ii) A wage slip in the form appended to these regulations shall be issued to every
worker employed by the Contractor at least a day prior to disbursement of wages.
i) Wages of a worker shall be paid to him without any deductions of any kind except
the following:
a) Fines;
b) Deduction for absence from duty, i.e. from the place of his employment he is
required to work. The amount of deduction shall be in proportion to the period for
which he was absent.
e) Any other deduction which the Corporation may from time to time allow.
i). No fines shall be imposed on any worker save in respect of such acts and
omissions on his part as have been approved by the Chief Labour Project
Manager.
ii) No fine shall be imposed on a worker and no deductions for damage or loss shall
be made from his wages until the worker has been given an opportunity of showing
cause against such fines or deductions.
iii) The total amount of fines which may be imposed in any one wage period on a
worker shall not exceed an amount equal to three paise in a rupee of wages
payable to him in respect of that wage period.
iv) No fine imposed on a worker shall be recovered from him in instalments, or after
expiry of sixty days from the date on which it was imposed. Every fine shall be
deemed to have been imposed on the day of the act or omission in respect of
which it was imposed.
v) The Contractor shall maintain both in English and local Indian language a list
approved by the Chief Labour Project Manager; clearly stating the acts and
omissions for which penalty or fine may be imposed on a workman and display it in
good condition in a conspicuous place on the work site.
vi) The contractor shall maintain a register of fines and the register of deductions for
damage or loss in the forms appended to these regulations which should be kept at
the place of work.
12. Register of accidents: The contractor shall maintain a register of accidents and
injuries in such form as may be convenient at the work place and the same shall
include the following particulars.
13. Preservation of Register: The Register of Workmen and the Register of Wages-
cum-Muster Roll required to be maintained under these regulations shall be
preserved for 3 years after the date on which the lost entry is made therein.
14. Enforcement: The Inspecting Officer shall either on his own motion or on a
complain received by him carry out investigations, and send a report to the
QWNER specifying the amounts representing workers dues and amount of penalty
to be imposed on the contractor for breach of these regulations, that have to be
recovered from the contractor, indicating full details of the recoveries proposed and
the reasons thereof. It shall be obligatory on the part of the OWNER on receipt of
such a report to deduct such amounts from payments due to the Contractor.
15. Disposal of amounts recovered from the Contractor: The Engineer-in-Charge shall
arrange payment to workers concerned within FORTY FIVE days from receipt of a
report from the Inspecting Officer except in cases where the contractor had made
an appeal under Regulation 16 of these regulations. In case where there is an
appeal, payment of workers dues would be arranged by the Engineer-in-Charge
whenever such payments arise, within THIRTY days from the date of receipt of the
decision of the Regional Labour Project Manager (R.L.C.)
16. Welfare Fund: All moneys that are recovered by the OWNER by way of workers
dues which could not be disbursed to workers within the time limit prescribed
above, due to reasons such as whereabouts of workers not being known, death of
a worker etc. and also amounts recovered as penalty shall be credited to a Fund
to be kept under the custody of the Corporation for such benefit and welfare of
workmen employed by Contractors.
17. Appeal against decision of Inspecting Officer: Any person aggrieved by a decision
of the Inspecting Officer may appeal against such decision to the Regional Labour
Project Manager concerned within THIRTY days from the date of the decision,
forwarding simultaneously a copy of his appeal to the OWNER. The decision
of the Regional Labour Project Manager shall be final and binding upon the
Contractor and the workmen.
inspecting Officers and the OWNER or his authorised representative at any time
and by the worker or his agent on receipt of due notice at a convenient time.
20. Interpretation etc: On any question as to the application, interpretation or effect of
these Regulations, the decision of the Chief Labour Project Manager or Deputy
Chief Labour Project Manager (Central) shall be final and binding.
21. Amendments: Central Government may, from time to time, add to or amend these
Regulations and issue such directions as it may consider necessary for the proper
implementation of these Regulations or for the purpose of removing any difficulty
which may arise in the administration thereof.
REGISTER OF WORKMEN
(Regulation No.7)
iii) Name and address of the Company awarding the Contract: NMDC Limited., 10-3-
311/A, Masab Tank, Hyderabad.
Sl Name and Age Father’s/ Nature of Permanent/and Present Date of Date of Sig. Remarks
No. surname of and Husband’s employment Home address address commence termi- or
the workers Sex Name Designation of employee ment of nating thumb
(Vill.Dist.Thana) employ- or leav- impression
ment ing
of the
employee
1 2 3 4 5 6 7 8 9 10 11
EMPLOYMENT CARD
(Regulation No.8)
iii) Address
v) Identification Marks
vi) Particulars of next of kin (wife, husband and children if any, or of dependent next
of kin in case the worker has no wife/husband or child)
Name
S.N NAME & PARTICUL TOTAL ACTU LEAV NATU WAGE WAGE TOT REMA SIGN.
O ADDRESS ARS OF PERIOD AL E RE OF PERIOD RATE AL RKS OF THE
OF THE LOCATIO FOR NO. TAKE WORK WITH EARN WAG EMPLO
EMPLOYE N OF WHICH OF N ( DONE PARTICUL D BY ES YER
R WORK THE DAYS No. of BY ARS OF THE
(SPECIFY SITE AND WORKE WORK days THE UNIT IN WORK
WHETHER DESCRIPT R ED should WORK CASE OF ER
A ION OF EMPLO be ER PIECE DURI
CONTRAC WORK YED specifi WORK NG
TOR OR DONE FROM ed) THE
SUB TO PERIO
CONTRAC D
TOR) SHOW
N
UNDE
R
COL.5
1 2 3 4 5 6 7 8 9 10 11 12
N.B: For a worker employed at one time on piece work basis and at another on daily
wages, relevant entries in respect of each type of employment should be made separately.
REGISTER OF FINES
(Regulation No. 10 (Vii)
Sl. Name Father’s Sex Depart- Nature & Whether Rate Dt. And Date Remarks
No. Husband’s ment dt.of the worker of amount of which
Name offence showed wages fine fine
for which cause imposed realised
fine imposed against
or not
if so
enter dt.
1 2 3 4 5 6 7 8 9 10 11
Sl. Name Father’s Sex Depart Damage Whether Date Number Date Remarks
No. Husband’s ment or loss worker amount of instal- with
Name caused showed of deduc- ments if total
with date cause tion any amount
against imposed realised
deduction
if so enter dt.
1 2 3 4 5 6 7 8 9 10 11
------------------------------------------------------------------------------------------------------------------------------------------------------------
WAGE SLIP
(Regulation No.9)
ii) Place
2. Nature of employment
3. Wage period
7. Overtime wages
SECTION - TPF
TENDER PROPOSAL FORMS
CONTENTS
FORM - ‘A’
CHECK LIST OF DOCUMENTS TO BE SUBMITTED WITH TENDER
A Part- I YES/NO
1 Cost of Tender Document as per SOT/NIT
2 Earnest Money Deposit as per SOT/NIT
B Part- II
3 Check list of documents as per “FORM-A”, enclosed with Section
TPF “Tender Proposal Forms”.
4 Letter of Under taking as per FORM - B of TPF
5 Information about Tenderer as per FORM - ‘C’ of TPF
6 Proposed Organization set up for the project at site as per FORM
- D of TPF
7 Details of equipment, tools/tackles the tenderer proposes to
deploy as per FORM - E of TPF
8 Details of work executed in the last seven years as per pre-
qualification requirement as per FORM - F of TPF along with
relevant documentary evidence like copies of work
orders/contract agreement, completion certificates, BOQ and TDS
certificate from the clients in case work is executed for private
companies for considering experience of work executed.
9 Details of Similar work done during the past seven years by the
Tenderer as per FORM - F1 of TPF along with documentary
evidence.
10 Dummy Price schedule without quoting the rates duly stamped
and signed on all pages indicating ‘Quoted/Not Quoted”.
11 Details of Current Commitments of the tender as per FORM - G of
TPF.
12 Statement of Exceptions and Deviations taken from the tender
conditions by tenderer as per FORM - H of TPF.
13 Latest Power of Attorney of signatory to the tender
14 Copy of PAN Number issued by IT department & Copy of Goods
& Service Tax registration (GSTIN) Number
15 Notarised copy of Solvency Certificate of the stipulated amount as
per NIT.
16 Document regarding the tenderer not in default to any
banker/financial institution for any amount as per the audited
annual report for the immediate preceding financial year (2018-
19) of the firm. In case the firm does not have audited annual
report for the immediate preceding financial year, the tenderer
shall submit the no default certificate from a Chartered
Accountant for the same period.
17 Bank Account details in order to facilitate payment through e-
payment mode.
18 Audited Financial Statement including Profit and Loss account
and Balance sheet for the last three Financial Years 2016-17,
2017-18, 2018-19.
19 Certificate of registration with CPWD, MES, Railways, P&T, Port
Trusts, State PWDs and Public Sector undertakings, if any.
20 Tenderers’ proposed quality assurance programme
21 Overall description of proposed method of carrying out the work.
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Page 101 of 124
Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
SECTION – TPF
FORM ‘B’
Ref: Dated:
To
NMDC Limited
Khanij Bhavan,
10-3-311/A, Castle Hills,
Masab Tank,
Hyderabad - 500 173
Dear Sirs,
I/We* have read and examined the following Tender documents relating to “Providing Pre-
Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D Centre, Habsiguda, Uppal,
Hyderabad”.
C. Tender Drawings
C. Technical Specifications
2. I /We* here submit our tender in terms of NIT and other documents.
3. I/We* undertake to keep our Tender valid initially for a period of six months from
the last date of submission of tender i.e., up to _______________________ I/We*
hereby further undertake that I/We shall not vary/alter or revoke my/our Tender
during the said period or extended period if any.
4. I / We* also submit herewith the prescribed EMD. NMDC shall have the right to
forfeit the EMD if I/We* do not comply with the undertaking given at (3) above.
5. Should this Tender be accepted, I/We* also agree to abide by and fulfil all the terms,
conditions and provisions of the above mentioned tender documents.
6. I/ We* further undertake that I/We have not altered / modified the contents of the
tender documents down loaded from website.
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
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Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
7. I / we* hereby confirm that before submission of this bid, I/We have satisfied myself
/ ourselves as to the location of site, examined drawings. I/We have visited the site
and fully acquainted with situations regarding materials, labours & others local
conditions and factors pertaining to work for execution of the works covered under
these tender documents and technical specifications and that we shall have no claims
against NMDC on these counts at any time.
Name …………………………………………………
Designation ………………………………………….
Date ……………………………………………
Name & Address ……………………………
…………………………………………………
Telephone No. ………………………………
SECTION – TPF
FORM ‘C’
NAME OF WORK: Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC
R&D Centre, Habsiguda, Uppal, Hyderabad.
NAME OF TENDERER:
The following information shall be furnished by the tenderer:
1.0 In case of individual
1.1 His full name, address and place of business
1.2 His financial status
1.3 His previous experience
1.4 Whether his business is registered
3.2 Nature of business carried on by the company and the provisions of its
Memorandum relating there to
Name & Designation of the person who will sign documents, bills and receipts on
behalf of the company
SIGNATURE OF TENDERER
WITH DATE AND COMPANY SEAL
SECTION – TPF
FORM ‘D’
NAME OF WORK: Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC
R&D Centre, Habsiguda, Uppal, Hyderabad.
NAME OF TENDERER
Note: The tenderer shall indicate the field management proposed by him for executing the
work including the bio-data of key personnel.
Signature of Tenderer
With Date And Company uSeal
SECTION – TPF
FORM ‘E’
NAME OF TENDERER:
1. Tenderer shall submit herein details of equipment, tools and plants etc. required to
perform the work and shall indicate in each case whether the same is (a) already
owned by him and available for use in this contract, (b) anticipated to be hired by
him, or ( c ) anticipated to be purchased by him. In case of (a) present location
shall be indicated. In case of (b) and (c ) location of hirer or supplier shall be
stated.
2. Details shall be furnished for the equipments indicated as per clause No.7.1.1of
GCC in this proforma.
Signature of Tenderer
With Date And Company Seal
SECTION – TPF
FORM ‘F’
DETAILS OF WORKS DONE DURING THE PAST SEVEN YEARS AS PER PRE
QUALIFICATION REQUIREMENTS
Name of work – Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC
R&D Centre, Habsiguda, Uppal, Hyderabad.
Name of Tenderer:
Sl. Full postal Name Date of Scheduled Date of Value Reaso Completion
No. address of comm date of actual of ns for certificate
including work encem completion completion entire delay, from Client
telephone ent as per work if any
nos. Fax Contract as
nos. of the execut
client. ed
Note: The above shall be supported by the copies of the relevant certificates like copies of
work orders, agreements, and completion reports from the clients.
Signature of Tenderer
With Date And Company Seal
SECTION – TPF
FORM ‘F1’
Name of work – Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC
R&D Centre, Habsiguda, Uppal, Hyderabad.
Note: The above shall be supported by the copies of the relevant certificates like copies of
work orders, agreements, and completion reports from the clients.
Signature of Tenderer
With Date And Company Seal
SECTION – TPF
FORM ‘G’
NAME OF WORK: Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC
R&D Centre, Habsiguda, Uppal, Hyderabad.
NAME OF TENDERER
Signature of Tenderer
With Date And Company Seal
SECTION –TPF
FORM ‘H’
NAME OF WORK: Name of work – Providing Pre-Coated GI Sheet Roofing of Main Pilot
Plant at NMDC R&D Centre, Habsiguda, Uppal, Hyderabad..
NAME OF TENDERER
NOTE
(1) As pointed out in Section ITT ‘Instructions to Tenderers, Tenderer shall stipulate
here exceptions and deviations to tender conditions, if considered unavoidable.
(2) The tenderer hereby certifies that the deviations mentioned below are the only
deviations to the tender conditions.
(4) If there are no deviations, then Form-H has to be submitted by indicating “NIL”
Deviation.
Signature of Tenderer
With Date and Company Seal
SECTION –TPF
FORM ‘I’
DETAILS OF TURNOVER
Details of Turn Over
1. 2016-2017
2. 2017-2018
3. 2018-2019
4. Average Annual turnover for the
preceding three (3) completed
financial years as on date of opening.
(Signature)………………………
Printed Name of Authorized person having
Power of Attorney……………
Designation…………………………
Date & Place
Common seal of Firm
SECTION –TPF
FORM ‘J’
I /We hereby confirm that I/We am/are not registered with any of the Regional
Provident Fund Authorities and /or I/we are/are not possessing a valid Provident
Code Number at present.
I /We hereby undertake to register with Regional Provident Fund Authorities and/or
obtain a valid provident Fund code number within one month from the date of issue of
Letter of Intent/Letter of Award of Contract whichever is earlier
I/We also agree that any payment due to us arising out of the execution of the contract
shall be released by the owner only after submission of a copy of the valid PF Code
number allotted to us
Signature of Tenderer
With Date And Company Seal
9 Payments 119
SECTION – SCC
1.0 PREAMBLE:
1.2 In case of conflict in meanings between various documents, the following order
of preference shall be observed:
1.3 In case of any conflict of meaning either in the same documents or between
other documents (other than the above stipulations) the decision of the
OWNER shall be final binding and conclusive.
1.4 The tenderer shall, however, acquaint himself with the site, availability of local
facilities, means of transport, etc., and his quoted rates shall be deemed to
have included all such expenses which may arise in this regard.
2.1 General information about the site, its location and means of access etc. are
given in Annexure-II, enclosed with these conditions. The CONTRACTOR
shall, however, acquaint himself with the site, availability of local facilities,
means of transport etc. and his quoted rates shall be deemed to have included
all such expenses which may arise in this regard
3.1 The quality and properties of various materials, workmanship, method of field
and laboratory testing, the method of measurement of different items of work
etc., shall conform to the works specifications and drawings issued from time to
time. In case any item is not covered by the specifications and drawings so
issued, it shall conform to the relevant CPWD specifications (latest revisions).
If the specification of a particular item of work is not available in the CPWD
specification, the work shall be executed in accordance with the relevant Indian
Standard specifications and/or the standards laid down by the Indian Road
Congress the best prevailing OWNER practices or as prescribed by local Public
Works Department. The decision of the OWNER in this regard shall be final
and binding on the CONTRACTOR.
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
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Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
3.2 The OWNER can waive and/or relax any of the clause of the technical
specifications and/or other contract DOCUMENTS. The unit rates quoted shall
be suitably modified by the OWNER based on the actual financial implications
due to such waiver and/or relaxations, and his decision in this regard shall be
final, binding and conclusive.
3.3 The adherence to the specifications and drawings given for execution and
acceptance of construction and erection work are obligatory on the part of the
CONTRACTOR for the construction works of the various units in the work. If, in
the course of construction work, some additional problems arise, which are not
covered by the given specifications and drawings, the CONTRACTOR will be
given proper instructions in writing by the OWNER. Such instructions shall be
binding and shall be observed in full by the CONTRACTOR regarding
specifications, drawings, method of execution, method of testing and other
measures necessary for completing the work within the agreed time schedules.
No extra amount will be payable unless approved by the OWNER. The decision
of the ENGINEER/ CONSULTANT in this regard shall be final, binding and
conclusive.
3.6 All rejected materials shall be removed from the site forth with by the
CONTRACTOR at his own cost.
4.1 For carrying out the work, the Contractor will be provided with three sets of working
drawings as per requirements of the work. Additional copies, if required by the
CONTRACTOR will be furnished to him at charges fixed by the OWNER, subject to
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
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Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
availability. Work shall be carried out strictly as per the approved drawings. The
OWNER, however, reserves the right to alter or modify the drawings issued. No
claim will be entertained on account of such modifications or alterations made in
the drawings. However, all elements of work, as actually executed as per the
drawings issued and/or the instructions of the OWNER, will be paid. The decision
of the OWNER in all such matters shall be final, binding and conclusive.
4.2 On completion of the work, the CONTRACTOR shall incorporate all additions and
alterations, made during the process of execution, in a set of as-built drawing and
shall submit the same to the OWNER. Necessary numbers of drawings required
for this purpose shall be issued by the OWNER free of cost.
5.0 DELETED
The quantities of work given against individual items in the Bill of Quantities are
approximate only and are subject to variation to any extent and shall not form a
basis for any dispute regarding the rates to be paid or to raise any claim for
compensation on any account. However, the deviation limit in the overall contract
value shall be +/-20% over and above of BOQ. The value of work can be increased
or decreased according to the requirement of the OWNER up to +/-20 % of the
contract value and the contractors quoted rates shall remain valid for the increase
or decrease upto this limit. Rates beyond this limit shall be mutually discussed and
agreed to.
For, the purpose of this clause, price escalation/adjustment shall not be taken into
account for calculation of deviation limit (Except for high and low freak rate items).
Any new taxes or additional levies by the Government and statutory variations
during the tenure of the contract will be to Owner’s account and reimbursable by /
refundable to, ‘The OWNER’, subject to submission of relevant documentary
evidence.
Any reduction in tax rates or withdrawal of taxes that are levied by the government
during the tenure of the contract shall be passed on to the Owner’s account.
Tender Enquiry No: HO(Contracts)/R&D/Roofing/2020/224 Dt.22/05/2020
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Providing Pre-Coated GI Sheet Roofing of Main Pilot Plant at NMDC R&D
Centre, Habsiguda, Uppal, Hyderabad.
However, for any new taxes levied by the Government and statutory variation
during the extended time of the contract, if any, due to the reasons attributable to
the Owner, the variation of tax rates will be to the Owner’s account
However, the amount of taxes and duties are limited to the contract value and the
variations in the rates are not payable, if the contract is completed in the extended
time for the reasons not attributable to Owner and shall not be reimbursed to
contractor.
8.1 The contractor shall, at his own expense, supply and provide all the construction
plant, materials both for temporary and permanent works, labour (including
supervision thereof), transport to or from the site and in and about the works and
other things of every kind required for the constructions, completion and
maintenance of the works. Construction water and construction power required for
the work will be provided free of cost by the Corporation.
8.2 All materials, construction plant and equipment, etc., once brought by the
contractor within the plant area/construction site, shall not be demolished without
the written permission from the OWNER.
9.0 PAYMENTS:
9.1 Bills: Payment for all works done by the CONTRACTOR shall be made on the
basis of the joint measurements recorded in the measurement books in the
proforma prescribed by the OWNER. Based on the measurement recorded in
the measurements books and accepted by both OWNER and CONTRACTOR
or their authorized representatives.
Payment will be made to the contractor once in a month after deducting there
from the amounts already paid, statutory deductions like income tax, Goods
and Service Tax TDS if required and such other amounts as may deductible or
recoverable.
If the contractor doesn’t file a valid GST return including payment of taxes to
government for the earlier month, Owner reserves the right to withhold the payment
of taxes from the subsequent invoice raised by the contractor. It will be reimbursed
only after filing valid return including payment of taxes for earlier tax periods.
9.2 Final payment for the work shall be released only after certification by the OWNER
on satisfactory completion and performance of the contract in all respects and on
production of an absolute no demand certificate in the prescribed form by the
CONTRACTOR and upon return in good condition of all documents, drawings,
samples, materials and other property belonging to the OWNER, returnable as per
the contract and on compliance of all other clearances or requirement as per the
contract.
9.3.1The CONTRACTOR shall certify in the measurement books that the work has been
carried out strictly as per the drawings, authorized deviations, specifications and item
of work and is in terms of the CONTRACT. Such certificate shall require OWNER’S
endorsement for the purpose of payment.
10.1 Time is an important factor of the contract. The CONTRACTOR shall complete the
entire work within the time specified in the Notice Inviting Tender to be reckoned
from the date of issue of the LAC (Letter of Award of contract), strictly following
the approved details, construction schedule and mile-stones in the proforma
specified in Annexure-I enclosed with these conditions. The CONTRACTOR shall
submit construction schedule keeping in view the overall time of completion along
with the Tender. The CONTRACTOR, before commencement of the work, shall
also submit unit wise detailed construction schedule along with milestone keeping
in view the various requirements of the OWNER and other agencies. The OWNER
shall examine and accept/approve the detailed construction schedule along with
milestones for the various units after discussions, if any, with the CONTRACTOR
and other amendments, if any, required in his opinion to suit the overall
requirements of the OWNER and other agencies. The approval/decision of the
OWNER shall be final, binding and conclusive.
10.1.1 The OWNER may release the fronts and drawings in a phased manner including
change of a particular sequence of construction schedule due to the design and/or
other requirements and the time schedules shall be adjusted suitably on account of
such interruptions. The work shall be executed in full co-ordination with other
agencies working in the area. No claim, whatsoever, for any delays caused due to
delay in release of drawing/fronts and interruptions from other agencies shall be
admissible.
On completion of any unit of work and/or the entire work, the CONTRACTOR shall
submit to the OWNER all or any of the following documents as per his direction:
(i) Two copy of the drawings showing thereon all additions and alterations in the
process of execution, as per requirement of the work.
(ii) Completion Certificate for embedded and covered up works.
(iii) Manufacturer’s Certificate and Test Certificates, wherever applicable.
(iv) Certificate on control checking and test of materials.
(v) Performance guarantees, if any for specialized items from specialized sub
agencies, suppliers, manufacturers, duly endorsed/transferred to the OWNER.
12.1 The rates quoted in the tender shall include all charges for cleaning of site before
commencement as well as after completion, water electric consumption, scaffolding,
centering, staging, planking, timbering, and pumping out water including fencing,
plant and equipment storage sheds, security and lighting by night as well as day,
temporary plumbing and electric supply, water supply and the contractor shall as
occasion shall require or when ordered to do so, reinstate and make good, all
matters and things disturbed during the execution of the work, to the satisfaction of
the Owner. The rates quoted shall be deemed to be for the finished work to be
measured at site.
12.2 Unless otherwise stated the tender is on item rate basis. The quantities in the
Schedule of Quantities approximately indicates the total extent of work.
12.3 The successful tenderer shall make his own arrangement to obtain all materials
required for the work as stated in the technical specification.
12.4 If the contract work or any portion thereof at any time be found defective or fails to
fulfill the requirements, Owner shall give Contractor notice in writing setting forth
particulars of such defects or failure and contractor shall forthwith make good such
defects or replace or alter to make it comply with the requirements. Any materials,
equipments etc., brought to site and found to be not in accordance with the
specification shall be rejected and the Contractor shall remove the materials from
the site within the time specified by the Owner. The contractor shall not be entitled
for any extension of time or extra cost for rejection.
12.5 Tenderer shall furnish in his offer along with the details of construction equipments
available with the tenderer for using in his work.
12.6 The Contract will be operated on item rate basis and the rates shall include all
taxes, duties and other costs etc. including GST for the defined scope of work.
12.7 The Contractor shall provide and maintain at his own expenses all lights, guards,
fencing and watching when and wherever deemed necessary by the owner for
protection of the work or for safety and convenience of those employed on the works
or public.
12.8 The Contractor shall provide and maintain proper temporary sheds of adequate
capacity for storage of all materials and his own store in good and watertight
conditions at site.
12.10 For items requiring bitumen consumption, the contractor shall have to procure the
bitumen of required grade and quantity only from the IOCL, BPCL and HPCL only.
Contractor shall have to submit original bill along with Batch Testing Certificate to
NMDC.
14.0 In case the successful bidder does not possess “B” Class Electrical license or
certificate from Telangana State Electrical Authority, then the successful bidder
shall engage a sub-contractor who possess “B” Class Electrical license or
certificate from Telangana State Electrical Authority. The successful bidder shall
submit the relevant documents of the sub-contractor i.e. valid “B” Class or
above electrical contractor certificate/license from the concerned electrical
inspectorate for execution of electrical works and obtaining approval for
engaging the sub-contractor. The bidder shall not engage any sub-contractor
without approval of the Employer. The credentials of the sub-contractor shall be
reviewed by the executing authority/engineer and accordingly approval shall be
granted by employer for carrying out the electrical works.
**********
SECTION – SCC
ANNEXURE –I
SECTION – SCC
ANNEXURE–II