Tendernotice 1
Tendernotice 1
Tendernotice 1
N E W I N D I A @7 5
आज़ादी का अमृत महोत्सव
आईआरईएल (इडं िया) डलडिटेि IREL (India) Limited
(पवू वमइें डं ियनरे अरअर्थसवडिडमटेि Formerly Indian Rare Earths Ltd.)
रे अरअर्थसवप्रभाग Rare Earths Division,
उद्योगमंिि Udyogamandal, कोची Kochi-683501
CIN: U15100MH1950GOI008187
ISO 9001:2015, ISO 14001:2015, ISO 45001:2018 COMPANY
GST ID No. 32AAACI2799F2ZM
SCHEDULE OF TENDER
The information contained in this tender document (the “TENDER”) or subsequently provided to
Bidder(s), whether verbally or in documentary or any other form, by or on behalf of IREL or any of
its employees, is provided to Bidder(s) on the terms and conditions set out in this TENDER and
such other terms and conditions subject to which such information is provided. The information
provided is only for the information and reference of the Bidders.
This TENDER is not an agreement and is neither an offer by IREL to the prospective Bidder(s) or
any other person. The purpose of this TENDER is to provide interested parties with information
that may be useful to them in the formulation of their bid for participation in this TENDER. This
TENDER includes statements, which reflect various assumptions and assessments arrived at by
IREL in relation to the tender work. Such assumptions, assessments and statements do not purport
to contain all the information that each Bidder may require. This TENDER may not be appropriate
for all persons, and it is not possible for IREL, or its employees to consider the investment
objectives, financial situation and particular needs of each party who reads or uses this TENDER.
The assumptions, assessments, statements and information contained in this TENDER may not be
complete, accurate, adequate or correct. Each Bidder should therefore, conduct its own
investigations and analysis and should check the accuracy, adequacy, correctness, reliability and
completeness of the assumptions, assessments, statements and information contained in this
TENDER and obtain independent advice from appropriate sources.
Information provided in this TENDER to the Bidder(s) is on a wide range of matters, some of which
may depend upon interpretation of law. The information given is not intended to be an exhaustive
account of statutory requirements and should not be regarded as a complete or authoritative
statement of law. IREL accepts no responsibility for the accuracy or otherwise for any interpretation
or opinion on law expressed herein.
IREL, its employees and consultant make no representation or warranty and shall have no liability
to any person, including any Bidder, under any law, statute, rules or regulations, principles of
restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may
arise from or be incurred or suffered on account of anything contained in this TENDER or
otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the
TENDER and any assessment, assumption, statement or information contained therein or deemed
to form part of this TENDER or arising in any way with qualification of Bidders for participation in
the Bidding Process. IREL also accepts no liability of any nature whether resulting from negligence
or otherwise howsoever caused arising from reliance of any Bidder upon the statements contained
in this TENDER. IREL may, in its absolute discretion but without being under any obligation to do
so, update, amend or supplement the information, assessment or assumptions contained in this
TENDER.
The issue of this TENDER does not imply that IREL is bound to select and short-list qualified Bids
for Price Bid stage or to appoint the Selected Bidder for the intended work, and IREL reserves the
right to reject all or any of the Bids without assigning any reasons whatsoever.
The Bidder shall bear all its costs associated with or relating to the preparation and submission of
its Bid including but not limited to preparation, copying, postage, delivery fees, expenses associated
with any demonstrations or presentations which may be required by IREL or any other costs
incurred in connection with or relating to its Bid. All such costs and expenses will remain with the
Bidder and IREL shall not be liable in any manner whatsoever for the same or for any other costs or
other expenses incurred by a Bidder in preparation or submission of the Bid, regardless of the
conduct or outcome of the Bidding Process.
GENERAL
1) Bidder should take into account any corrigendum published on the tender document before
submitting their bids.
2) Please go through the tender advertisement and the tender document carefully to understand the
documents required to be submitted as part of the bid. Please note the number of covers in which
the bid documents have to be submitted, the number of documents - including the names and
content of each of the document that need to be submitted. Any deviations from these may lead to
rejection of the bid.
3) Bidder, in advance, should get ready the bid documents to be submitted as indicated in the tender
document / schedule and generally, they can be in PDF / XLS / RAR / DWF/JPG formats. Bid
documents may be scanned with 100 dpi with black and white option which helps in reducing size
of the scanned document.
1) The tender bids duly filled in all aspects and uploaded at CPP Portal on or before the scheduled
time and date as mentioned in the tender enquiry will be considered for evaluation.
2) Bidder should log into the site well in advance for bid submission so that they can upload the bid
in time i.e., on or before the bid submission time. Bidder will be responsible for any delay due to
other issues.
3) The Bids shall be prepared in two parts viz. PQ cum Technical Bid (Part-I) and Price Bid (Part-II).
The bidder has to digitally sign and upload the required bid documents one by one as indicated in
the tender document.
4) Technical Bid will be opened at the first instance and evaluated by IREL’s concerned authority. In
the second stage, financial bids of only the technically eligible offers will be opened for further
evaluation and ranking before awarding the contract.
It contains documents in support of eligibility criteria, self-attested tender document and any other
document specifically specified in this tender document.
This part shall contain only Schedule of prices duly filled in as per the Bid Proposal Schedules. No
physical submission of hard copy is permitted.
5) The uploaded tender documents become readable only after the tender opening by the authorized
bid openers.
6) METHOD OF SELECTION:
Part-I of the bid will be evaluated and bidders meeting the PQ criteria and other tender conditions
will be qualified as eligible bidders for opening of the price bids. The price bids opened
subsequently will be scrutinized for responsiveness and IREL shall consider placement of order on
the qualified bidder, whose offer shall be overall lowest. However, IREL reserves the right to
accept or reject all or any tender without assigning any reasons and does not bind itself to accept
the lowest offer.
Note: To assist in the examination of documents submitted by the bidder in support of eligibility
criteria (PQ), IREL may, at its discretion, ask the Bidder for clarification of its bid. The request for
clarification and the response shall be in writing and no change in the price or substance of the bid
shall be sought, offered or permitted.
Signature and seal of contractor Page 4 of 52
7) SPECIAL TERMS AND CONDITIONS
Prior to quoting rates, the bidders are advised to visit the site on any working days at our specified
visiting hours with the permission of Engineer concerned /Purchase Dept. The bidders are also
advised to study the labour supply/availability, trade union practices and labour rates prevailing
at Udyogamandal.
(i) The submission of any bid connected with these documents and specifications shall constitute an
agreement that the bidder shall have no cause of action or claim against IREL for rejection of his
bid.
(ii) The bid shall be valid for a period of 90 days from bid due date.
(a) IREL reserves the right to reject any tenders whatsoever without assigning any reason thereof.
(b) IREL reserves the right to modify/ add/ reduce the scope, either in whole or in part any of the
clauses mentioned herein without assigning any reason thereof.
Further IREL, in its sole discretion and without incurring any obligation or liability, reserves the
right, at any time, to;
a. suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement the Bidding
Process or modify the dates or other terms and conditions relating thereto;
b. consult with any Bidder in order to receive clarification or further information;
c. pre-qualify or not to pre-qualify any Bidder and/ or to consult with any Bidder in order to receive
clarification or further information;
d. retain any information and/ or evidence submitted to IREL by, on behalf of, and/ or in relation to
any Bidder; and/ or
e. independently verify, disqualify, reject and/ or accept any and all submissions or other
information and/ or evidence submitted by or on behalf of any Bidder
It shall be deemed that by submitting the Bid, the Bidder agrees and releases IREL, its employees,
agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for
claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the
exercise of any rights and/ or performance of any obligations hereunder and the Bidding
Documents, pursuant hereto, and/ or in connection with the Bidding Process, to the fullest extent
permitted by applicable law, and waives any and all rights and/ or claims it may have in this
respect, whether actual or contingent, whether present or in future.
7.4. PRICES:
Tenders offering firm prices are only acceptable to us. Firm Price shall be quoted as per the price
schedule for delivery at designated works. GST as applicable is to be considered as per the Price
Schedule of the tender document.
a) The rates quoted in the price schedule shall be in Indian rupees only. The quoted rates shall be firm
throughout the period of Contract including extension of time, if any.
b) If the bidder submits abnormally low bid in combination with other elements of the bid which
raises material concern as to the capability of the bidder to perform the contract at the offered
price, the bidder shall be asked to provide detailed price analysis of the bid in relation to the scope,
schedule allocation of risk and responsibilities and any other requirements of the bid documents. If
the bidder fails to demonstrate its capability to deliver the contract at the offered price the price bid
shall be considered un-responsive.
Signature and seal of contractor Page 5 of 52
7.6 Vendor should be responsible for clearing the waste materials generated during installation work.
7.7. The Bidder must quote all the products as per the Tender. Partial Bids will be rejected.
7.8 Organization is the final authority to judge the tender called items and has every power - to accept
or reject the same without assigning any reasons
7.9.1 Benefits, as prescribed by the MSME Policy of the Government of India shall be provided to MSE
vendors registered as manufacturers for the goods procured or for the service providers. The
procuring Entity reserves its option to give price preference to Micro and Small Industries in
comparison to the large-scale industries as per policies of the Government from time to time.
IREL is registered with RXIL (TReDS) platform. MSE bidders are requested to get registered with
RXIL (TReDS) platform to avail the facility as per the GOI guidelines.
IREL (India) Limited is onboard with TReDS platform of M/s RXIL for facilitating Bill
Discounting for MSME's.
As per DPE/7(4)/2007-Fin dt 21/08/2020, it is mandatory to get all the MSME vendors registered on
the platform.
The registration fees of MSMEs on TReDS Platform is Free of Cost as per the new guidelines
provided by SIDBI.
RXIL Relationship manager Mr. Satyajeet Jathar: +91 99201 00784 / +91
9004100784 email: satyajeet.jathar@rxil.in
RXIL Relationship manager Mr Kirti musale : +91 90048 17501 email: kirti.musale@rxil.in
IREL (India) Limited Unit Administrator Mr. R. Abel Devadhason : +91 9443607155
email : purchase-red@irel.co.in
IREL (India) Limited Nodal Officer Mr. K.V.Ramakrishna: +918104997177
email: kvramakrishna@irel.co.in
7.9.3.1 For this procurement, Public Procurement (Preference to Make in India). Order 2017 dated
15.06.2017, 28.05.2018 & 29.05.2019 and subsequent Orders issued by the respective Nodal Ministry
shall be applicable. The bidder to provide certificate for minimum 50% and 20% local content
required for qualifying Class 1 Local Supplier. The bidder to provide needful certificate as a proof.
9.0 IREL reserves the right to increase or decrease the quantity to be ordered up to 25 percent of bid
quantity at the time of placement of contract. IREL also reserves the right to increase the ordered
quantity by up to 25% of the contracted quantity during the currency of the contract at contracted
rates. Bidders are bound to accept the orders accordingly.
10.1 Earnest Money Deposit (EMD) is a deposit received from the tenderers in token of their
earnestness in submitting their offer to undertake the supplies/works/services/consultancy
contracts and conclude a contract if entrusted to them on the basis of their tender.
10.2 EMD is to be remitted by way of ‘Insurance Surety Bonds’ or ‘account payee demand draft’ or
‘fixed deposit receipt’ or ‘bankers cheque’ or ‘Bank Guarantee from any scheduled commercial
Banks’ or “online payment’ in favour of IREL. The payment details to be informed to Purchase
Department well in advance enabling verification of receipt of the amount.
10.3 Government Body/Public Sector Undertakings may be exempted from payment of EMD with the
approval of Competent Authority.
10.4 EMD amount in rupee value is to be mentioned as a fixed amount in the tender and not as a
percentage of the estimated cost and no interest is payable on the EMD.
10.5 EMD shall be exempted to MSEs and Start-ups as per prevailing guidelines in this regard.
Policy is meant for procurement of only goods produced and services rendered by MSEs.
However, traders/ distributors/ sole agent/ Works Contract are excluded from the purview of
Public Procurement Policy for MSEs Order, 2012.
10.6 EMD is liable to be forfeited if:
a. The tenderer changes the terms and conditions or prices or withdraw his quotation subsequent to
the date of opening/ The tenderer impairs or derogates from the tender in any respect within the
period of validity of the tender
b. The tenderer fails to accept the order when placed or fails to commence supplies/works/services
after accepting the order.
c. In case bidder submits false/fabricated documents. d) In case bidder fails to submit SD as
stipulated in the tender.
10.7 The offers received from tenderers without EMD and/or tender cost shall be summarily rejected
except where an exemption is provided in the tender.
10.8 EMD may be adjusted against security deposit / performance security of the successful bidder.
EMD of the unsuccessful bidders should be returned to them at the earliest after expiry of the final
bid validity period and latest by the 30th day after the award of the contract. Bid security should
be refunded to the successful bidder on receipt of performance security. However, in case of two
stage bidding/ 2or 3 envelope bidding, EMD of unsuccessful bidders during first stage i.e.
technical evaluation etc. should be returned within 30 days of declaration of result of first stage i.e.
technical evaluation etc.
10.9 In case where the EMD is provided in form of BG in the prescribed format to be attached with the
tender, the BG shall be obtained from a scheduled commercial Bank with validity of 45 days beyond
final bid validity period.
a) Security deposit (SD) shall be uniformly levied @ 5% of contract value (excluding Taxes)
towards satisfactory completion of the order/works as under:
b) for works contract valued more than Rs.2 lakhs. b) For supply & service contract valued
more than Rs.5 lakhs.
Performance Security is to be furnished by a specified date (generally 14 (fourteen)
days after notification of the award) and it should remain valid for a period of 60 (sixty)
days beyond the date of completion of all contractual obligations of the supplier/
contractor, including warranty obligations/ defect liability period (DLP).
In exceptional cases waiver of SD shall be approved by Competent Authority after recording
the reasons for such waiver.
Submission of SD/PBG, if called for in the tender can also be paid through Insurance Surety
Bonds‟ or „account payee demand draft‟ or „fixed deposit receipt from a Scheduled Commercial
bank‟ or “Bank Guarantee issued/ confirmed from any Scheduled Commercial Banks in India‟ or
online payment to be confirmed sharing Unique Transaction Reference (UTR) to the tender
inviting authority as called for in tender. In case of GTE tenders, the performance security should
Signature and seal of contractor Page 7 of 52
be in the same currency as the contract and must conform to Uniform Rules for Demand
Guarantees (URDG 758) – an international convention regulating international securities. In case
of JV, the BG towards performance security shall be provided by all the partners in proportion to
their participation in the project. Bank Guarantees towards Bid Security/ Security Deposit/ PBG
issued by Nationalized Banks/ Scheduled Commercial Banks (other than Cooperative Banks) only
acceptable.
Purchase Department should immediately forward the SD to finance department for necessary
action under intimation to EIC/ OIC.
In exceptional cases of work contracts, the approving authority may consider Recovering
balance SD (in addition to EMD if it is given not in BG form) amount from 1st running bill of the
contractor which shall be specifically mentioned in the tender document itself.
EMD/ Bid Security may be adjusted towards SD. However, if EMD is submitted in the form of
Bank Guarantee, fresh Bank Guarantee in the prescribed format or demand draft/ bankers
cheque is to be submitted towards SD.
The SD shall not bear any interest and is liable to be forfeited for unsatisfactory completion
or on abandonment of the supply/ work order.
12.1 Where in a contract, payment is made on progressive billing of work executed, 5% of the
bill value shall be retained at the time of making payment towards
rectification/defective work made a s retention money.
12.2 The total SD and retention money together towards performance guarantee shall not
exceed 10% of the contract value.
The SD & retention money shall stand forfeited in favor of IREL (India) Limited,
without any further notice to the contractor in the following circumstances:
In case of any failure whatsoever on the part of the contractor at any time during
performance of his part of the contract including the extended periods of contract, where
notice is given and time for rectification allowed.
If the contractor indulges at any time in any subletting/sub -contracting of any portion
of the work without approval of IREL (India) Limited.
1.1 Bidder Should be experienced in having successfully executed similar works as detailed below in
CPSUs / Central Govt. Dept./ State Govt./ Semi- Govt./ Autonomous bodies or private
organizations during last seven (7) years ending April 2024 and meeting the value requirement as
below.
(i) Execution of at least one order for “similar work for a value of not less than Rs.27.26Lakhs ”
OR
(ii) Execution of two orders for “similar works for a value each not less than of Rs.17.00Lakhs ”
OR
(iii) Execution of three orders for “similar works for a value each not less than of Rs.13.63 Lakhs ”
Average Financial turn over during last three years ending March 2023 shall not be less than
Rs. 10.22 Lakhs. Financial Statements / IT Returns for the above periods is to be submitted. In case
of Public/ Private Limited companies, Published annual accounts will be accepted.
Date of
Sl Full postal address Scheduled %
Description Value of commence Remarks
of client
n and name completion completion
of the work contract ment of
of officer
o in-charge period as on date
work
1
2
3.2 Documents against the Pre-qualification criteria as above complete in all respect must be
uploaded. Failure to compliance of above shall make the bid incomplete and as such it shall be
rejected. In the absence of receipt of Pre-qualification criteria, the offer will not be considered
under any circumstances.
The annualized concurrent commitments of the bidder plus annualized estimated value of the
work under consideration exceeds 4 times the average annual turnover of the preceding 3 years
The scope of work consists of replacement of damaged MS structural members of roof and
replacement of AC roof sheets inside the factory premises as directed by Engineer-in-charge.
1.1 Dismantling and cutting of damaged steel structural fully/partly such as roof/side cladding,
purlin, trusses, bracings, columns etc. i.e. MS angle, channels, plate, beam, etc. at all heights using
gas cutting/ proper tools and plants without damaging the adjacent structures including
providing temporary supports for the structure at dismantled portion and nearby structures
lowering the dismantled items carefully and depositing the waste materials in the scrap yard.
1.3 Removal, lowering the existing A.C. sheets from roof/side cladding, curve sheets, roofing
accessories, bolts, ridges etc. without any damage either for repairing the existing steel roof
trusses & purlins or replacing the damaged sheets, etc. and disposing the waste/scrap/old
damaged roof sheets generated during the work in to our disposal yard within a distance of 750m.
1.4 Laying & fixing new roof sheets(AC/Non-AC), including supply & fixing of polymer coated J/L
bolts of 8mm diameter or suit to site condition and roof sheet shall be laid with sufficient overlap
making the roof leak proof, application of weather resistant silicon sealant over the roof bolts etc.,
all required for completion of roof set-up. IREL will issue roof sheets, ridges, curve sheets
required for the work free of cost.
1.5 The work also includes laying & fixing of FRP/Zincalume/PVC/uPVC/ Polycarbonate sheets/
PVC foam boards using SS/Alloy steel self-tapping screws/bolt & nuts (with application of
silicone sealant over screw/bolt heads) for cladding work as directed by Engineer in charge. IREL
will issue roof sheets required for the work free of cost.
1.6 Supply, fabrication & erection of GI structural hollow tubular sections for steel shed entrances,
side claddings, gates, doors with heavy-duty MS hinges as per approved design in operator
cabins/MCC panel board rooms and other locations inside factory premises as directed by
Engineer in charge. The work includes cutting, hoisting, fixing in position, welding, bolted with
suitable washers, anchor bolts to concrete structure, closing the open end of each section, surface
cleaning, applying one coat of epoxy primer & two coats epoxy finish paint.
1.7 Supply & Painting the existing MS structural rafters, purlins, side bracings, stiffeners, joint plates,
gusset plate and other roof supports etc., with one coat of epoxy primer (zinc phosphate/red
oxide) and two coats of high build epoxy chemical resistant finish paint after thorough surface
preparation which includes removing loose old paint layer thoroughly, dirt, grease by using
emery paper, cleaning the surfaces using sand/wire brushes/ scrapper etc., including scaffolding
charges, cost of paint, thinner, paint brushes, wire brush etc., mixing & application of paint as per
manufacturers specification, disposing the waste within 750m distance inside disposal yard
premises, all required for the completion of work as directed by the Engineer-in-charge.
Successive coat of paint shall be applied only after hard drying of the previous coat. Minimum 24
hrs., should be given between successive coatings. The colour shade shall be got approved before
commencement of work.
1.9 Supply, laying & fixing UPVC gutter, with suitable accessories for valley gutter just below the
edge of roof sheet, providing sufficient slope towards both ends, application of weather resistant
silicon sealant for leak proof and fixing PVC rain water down take pipes at required intervals. The
work shall be carried out as per manufacturer recommendation and as directed by EIC all with
proper approval.
1.10 The work must be carried out generally as per the technical specification and the contractor must
be willing to undertake minor changes to suit the site conditions and as per company
requirements. The successful contractor must ensure full compliance of the directives of Engineer-
in-charge during every stage of work.
2.0 SAFE OPERATING PROCEDURE FOR REPAIR AND REPLACEMENT OF ROOF SHEETS
AND STRUCTURAL WORKS.
2.1 All persons before being deployed for the work shall produce a medical fitness certificate through
a competent Medical Officer and height pass will be issued by the safety Dept.
2.2 Safety Work Permit should be obtained from the Safety Dept. by EIC before commencement of
work. The permit shall clearly specify (A) Description of work, (B) Workman deployed and
supervisor, (C) Identified hazards, (D) PPEs to be used, (E) Safety provisions to mitigate the
hazards and (F) Hours of work, etc.
2.3 Before commencement of work in each shift, all persons engaged for the work shall be given a
safety briefing by EIC or supervisor authorized for the purpose.
2.4 Safety belt and PPE‟s mentioned above to be worn by the persons engaged by the contractor
before commencement of the work and will be ensured by EIC or his authorized supervisor.
2.5 Authorised supervisor deployed by the contractor shall be present at site full time to ensure
compliance to the rules and safety procedures by the workers from the time of mobilization for
work till the time last worker leaves the workplace.
2.6 Barricading shall be done below the working area before commencing any work at height and
“Work in Progress” boards shall be displayed.
2.7 Scaffolds should be used by all workmen for climbing to the roof top and shall stand on the
platform for carrying out the work. Preferably H-frame scaffolding shall be used.
2.8 All scaffolds and platform will be examined and approved by EIC before commencement of the
work.
2.10 A safety net of adequate strength should be secured through scaffolding platform at place where
there is a danger of fall of person/fall of objects.
2.11 Crawling board or roof ladder should be used to walk across the roof sheet at roof top.
2.12 Double life line full body safety harness having ISI mark shall be used.
2.13 Safety belt shall be suitably anchored immediately after reaching the roof top.
2.14 One of the life lines of the safety belt should be anchored to the guide rope at any point of time.
Signature and seal of contractor Page 12 of 52
2.15 Any visible damage to the safety belt should be immediately replaced.
2.16.1 Loose materials like nuts, bolts, hooks and tools shall be kept safely away from the edges of the
roof. Care shall be taken to prevent fall of objects like old/new hooks, nuts and bolts.
2.16.2 Dismantled sheets shall not be thrown down from top. The sheets shall be lowered to the ground
by means of ropes of adequate strength and pulleys, and shall be stacked on ground properly
before the workmen leave the site.
2.16.3 The lifting of sheets shall be done by means of ropes and pulleys. No loose sheet shall be left on
the roof top at the end of the shift.
2.16.4 Work should not be carried out at the time of high wind, rain, lightning and bad weather.
PPE‟s to be used: Safety shoe, Safety helmet, Safety belt, Safety net, Nose mask, hand gloves,
welding goggles, welding gloves, welding shields, welding aprons.
2.17.1 All welders and helpers must wear PPE‟s as mentioned above before commencement of the work
and will be ensured by EIC or his authorized supervisor.
2.17.3 Before starting the welding and cutting job at roof tops/work at height all safety procedures as
mentioned above for working at height shall be followed.
2.17.4 Intimation to be given to the technician/operator/area in charge of the concerned area regarding
commencement of the work.
2.17.5 Qualified electrician shall inspect the power sources for its worthiness before commencement of
the work and to know how to shutdown the power in case of emergency.
2.17.6 After verifying all energy sources welding and cutting or maintenance shall be performed.
2.17.8 All cables, electrode holders and clamps shall be inspected before starting of the work.
2.17.11 The steel structures to be cut and removed from the roof top are to be tied at both ends with rope
of adequate strength before cutting and to be lowered carefully.
2.17.12 The structural steels to be lifted are to be tied at both ends with rope of adequate strength and
shall be kept on the scaffolding platform to position it at proper place and to be joined.
3.4 All materials, working implements, scaffoldings, safety gadgets & labour, machineries, vehicles,
tools & consumables required for completion of the work in all respects are under the scope of
contractor.
5.1 The work shall be commenced within 10 days of receipt of work order.
5.2 This CONTRACT shall remain valid for a period of 8 months from the date of receipt of work
order/LoI. However, IREL (India) Limited reserves the right to terminate the contract at any time
before the expiry of the normal tenure in case service is found to be deficient/ unsatisfactory.
5.3 Seven days’ time from the date of dispatch/posting of work order/letter by IREL will be
considered for the receipt of work order unless proven otherwise by the contractor.
5.4 Permitted work timings inside factory premises is from 0800 hrs to 1600 hrs. Any request for
extension of time will be entertained only in case of exigencies under the sole discretion of E-I-C.
5.5 Any delay on the part of IREL in handing over the site or stoppage of work-in-progress for its
production/maintenance requirements or any unsafe condition etc., will be noted separately and
the date of completion will be extended accordingly. Hindrance register is to be maintained for
the same.
5.6 Hindrance register & Daily log register showing description of work, number of labours engaged,
location of work on each day from date of commencement shall be maintained by the successful
bidder. In addition, any delay on the part of IREL in handing over the site or stoppage of work-in-
progress for its production/maintenance requirements or site constraints due to running
condition of plant operation affecting the progress of work or any unsafe condition etc., will be
recorded in hindrance register by contractor on each day. The time of completion will be extended
with number of working days affected due to valid reasons observed in Hindrance register after
certified by EIC.
6.1 95% of the actual executed contract value (final bill amount) less statutory deductions applicable
and part payments, retention money shall be released on completion of the entire work in all
respects within 30 days on due certification of Bill by our Engineer-in-Charge.
6.2 You shall submit to IREL account bill (also known as ‘Running account Bill’) showing the quantity
of work executed till the date of raising the bill accompanied by detailed and abstract
measurements.
Payment will be released on the basis of actual measurements of work done; such part payment
will be 95% of the amount payable to the contractor along with 100% of taxes & duties on
certification of Engineer-in-charge.
6.4 You shall have to submit the Final bill immediately after completion of work but not later than a
maximum period of 40 (forty) days after successful execution of work along with all relevant
documents such as certified measurements, material reconciliation statement, statement of
materials and scrap returned to stores, labour payment, PF clearance etc. If you fail to submit the
final bill within the stipulated period then your claim for payment may not be considered.
6.5 The final bill shall be checked by Engineer-In-Charge within 20 days after its receipt and returned
to you for corrections, if any are needed. You have to resubmit the bill with corrections within 20
days of its return by Engineer-In-Charge. The resubmitted bill shall be checked and paid within 30
days of its receipt.
6.6 TDS will be deducted by IREL (India) Limited from the bills of the contractor as per IT Act’1961 &
GST act and rules.
6.7 No other advance unless and otherwise stated elsewhere in the documents such as General
Conditions of Contract, Special Conditions of Contract, etc. shall be payable.
6.8 The contractor is responsible and liable to remit all statutory dues, collected/included in the Price
Schedule of the contract, to the Statutory Authorities without fail. IREL is not responsible for
remittance of such tax collections.
6.9 Balance 5% retained from each running account bill plus security deposit if any will be returned
after the warranty period or against submission of bank guarantee for the said amount & period.
7.0 GUARANTEE
The entire work done by the contractor must be guaranteed for the quality of materials supplied &
workmanship for a minimum period of Twelve months from the date of completion.
8.1 The contractor is fully responsible for carrying out the work in safe manner. Successful contractor
has to carry out the work with utmost care and as per the rules laid down by IRE safety
department. Safety permit for working at heights and hazardous areas must be obtained on daily
basis prior to starting of the work. Every effort must be taken to see that, as far as possible the
normal production work should not get affected due to the work.
8.2 Contractor has to ensure that supervisor is provided at the site for ensuring the progress of the
work and availability of all safety appliances to the workmen.
8.3 Before carryout any repair/painting work inside the shed/building, Safety net shall be laid
beneath the working area. The Safety net shall be tied to the structural members provided it is in
Signature and seal of contractor Page 15 of 52
good condition. Otherwise, wire rope shall be anchored to the RCC wall & the Safety net shall be
tied to the wire rope.
8.4 Safety belt, face mask/respirator shall be used by the personnel while working inside the silo. The
safety belt shall be suitably anchored to the structural members inside/lifeline provided using
wire rope.
8.5 Working platform made using MS pipes & wooden planks /GI sheet shall be provided wherever
the structural repair works are to be carried out. It shall be supported to the stable structural
members nearby permanent structure.
8.6 The work must be carried out under close supervision and without causing any damage /
hindrance to the existing structure or equipments and other activities in the surrounding areas.
8.7 The work spot shall be cleared of the waste materials / debris on daily basis. On completion of the
work, all working implements, scaffoldings, excess materials if any etc., must be removed from
site.
8.8 Special Work Permit shall be obtained for working at heights and other hazardous areas as
specified by Safety department prior to commencement of work on each day.
8.9 The contractor must provide Personal Protective Equipments like safety shoes, helmet, gloves,
goggles etc., for their workmen suitable for the working environment and also as per the advice of
Safety-in-charge / Engineer-in-charge.
8.10 The scaffolding used for height work shall be of Mild Steel tubular type with base plate, necessary
bracings and working platform must be provided using MS Shuttering sheet/ wooden planks
with hand rails. Materials used must be of good quality and strength.
8.11 Safety net shall be provided by the contractor for the repair works of roof structural and such
repair works at height. If the same is not provided by the contractor, safety net can be used from
IREL for which an amount of Rs. 1000/- will be deducted from the bill as a penalty for not
following safety requirements for each day of issue of safety net by IREL.
8.12 All extension boards brought by the contractor shall be fitted / equipped with ELCB or the
contractor shall provide a separate main electrical board with ELCB for taking extension lines. All
portable equipments brought by contractor shall meet the relevant safety standards/IS
requirements.
9.1 All structural steel shall be tested quality and shall be free from rusts, scales, cracks and other
surface defects.
9.2 All bolts and nuts, washers, etc. shall be conforming to standards. Unless shown or specified
otherwise, all bolts and nuts shall be hexagonal. All nuts should fit tight. All the other materials
used in association with steel works shall comply with the appropriate Indian Standards.
9.3 For steel structural such as M.S angles, channels, beams & plates should confirm to IS:2062.
9.4 All the steel materials required for fabrication shall be procured by the contractor. All the
fabrication of structural steel work shall conform to the appropriate Indian Standards.
9.5 All holes for the bolts shall be conforming to the standards. Holes shall be provided by drilling
and reamed, if necessary. No holes shall be made by gas cutting process. Bench drilling machine
shall be used for drilling of holes.
9.6 The threaded portion of bolts shall project through the nut at least by one thread.
9.7 The welding and welded work shall conform to IS:816 and IS:823 unless otherwise specified. The
permissible stresses for welding shall be taken as 66.23% of those specified in IS:816 where welds
are not tested either by radiographic or ultrasonic method. The sequence of operation shall be so
arranged to eliminate distortion and shrinkage stresses. The welding procedure shall be arranged
by the contractor to suit the details of the joints.
9.8 IREL (India) Limited will provide site for fabrication. However, for making “HARD STAND”
required for fabrication, shall be under the scope of contractor.
9.10 All labour and supervision thereof, all materials, tools, implements and plant of every description,
ladders, cordage, tackle, etc. as well as the provision of safe and substantial scaffolding required
for the proper execution of the work in conformity with the specifications for the various items of
work.
9.11 The MCC panels, equipments, machineries, mixer settlers, finished products in go down etc. shall
be covered with water resistant tarpaulins before commencement of roof removal works.
However, there should not be any water ingression.
9.12 The contractor is responsible to rectify site constraints found during the execution of work such as
pipe racks, pipe lines, cable trays, electrical cables etc., shall be carried out in consultation with the
Engineer-in-charge.
9.13 Finally clearing away of all rubbish surplus materials, plant, etc, on completion of the work and
dressing and levelling off and restoring the site to a tidy condition prior to handing over the work
to the Engineer-in-Charge or his authorized assistant and also its maintenance until so taken over.
9.14 Any materials brought to the site of work, or any work done by the Contractor but rejected by the
Engineer-in-Charge as being not up to the specifications shall in the case of materials supplied be
then and there removed from or broken up at the site of work, and in the case of work done be
dismantled or rectified at the expense of the contractors as may be ordered by the Engineer-in-
charge.
9.15 No workmen below 18 years will be permitted to work. For all hazardous works experienced
personnel shall only be engaged.
9.16 The whole responsibility for supervision of the work and the workers employed by the contractor
shall rest with the contractor. The contractor shall nominate one authorized Supervisor (site in
Charge) at the work site all throughout the execution period. Such supervisor shall be authorized
to act as Lead supervisor for the work and shall be authorized to act on behalf of the contractor, to
accept notices under the contract and carryout the instructions of IREL (India) Limited from time
to time.
9.17 IREL (India) Limited may ask to change/delete the person not found suitable for the work at any
point of time. For any addition and deletion of the working person, prior permission from IREL
(India) Limited shall be taken.
9.18 All labour and supervision thereof, all materials, equipments, tools, etc. as well as the provision of
safe for the proper execution of the work in conformity with the specifications for the various
items of work.
9.19 Contractor’s all workmen and supervisor shall conduct himself in an orderly manner with the
staff working in the Civil section. Contractor and the personnel they have engaged for the
execution of the contract shall abide by all the Safety & security rules and regulations of IREL
(India) Limited. Contractor shall give the list of persons who shall be deployed at site like Site in-
charge, supervisors, foreman, mason, fitters, welders, workers, etc. with their address and age
proof well in advance. All such persons shall be subject to security check by security officials of
IREL (India) Limited. The contractor shall obtain necessary Entry passes from concerned officials
of IREL (India) Limited Security Wing prior to their deployment. Contractor shall ensure that no
unauthorized persons are entering the work site except authorized workmen and supervisor.
9.21 The contractor and his person shall maintain absolute integrity in carrying out the work and in
case of any act detrimental to the interest of the company [IREL (India) Limited], the contract shall
be terminated.
9.22 For works where no specification is laid down in the Contract as aforesaid, such works shall be
carried out in accordance with the specifications decided by the Engineer-in-Charge.
9.23 Any specifications given in this document shall be supplementary to the specifications contained
in the CPWD specifications, where at variance, these particular Specifications shall take
precedence over the provisions in the CPWD Specifications.
9.24 The contractor shall strictly adhere to the ‘work schedule’ submitted by them on receipt of work
order vide the relevant clause mentioned in the GCOC. Any deviation in the work schedule
without valid justification may lead to cancellation of work order by invoking Risk Purchase
Clause mentioned in the GCOC.
9.25 The bidder shall inspect and examine the site and its surroundings and satisfy themselves before
submitting their bids as to the nature of the site (so far as its practicable),
mechanism/equipments/safety precautions they may require and in general shall themselves
obtain all necessary information as to risks, contingencies and other circumstances which may
influences or effect their bid. The bidder shall be responsible for arranging and maintaining at his
own cost all materials, mechanism, equipments, tools and plants, electricity access, safety and
other facilities for workers, safety requirements and all other service required for work unless
otherwise specifically provided for in the bid documents. Submission of a bid by a bidder implies
that he has made himself aware of the scope of the work to be done and prevailing conditions and
local conditions and other factors.
9.26 The bidder can inspect the site on any working days at our specified visiting hours with the
permission of Engineer concerned of Civil Section/Purchase Dept. The bidders are also advised to
study the labour supply/availability, trade union practices and labour rates prevailing at
Udyogamandal.
9.27 The contractor shall engage supervisory person at site having degree (B Tech /BE in Civil
Engineering) with minimum 1 year post qualification experience in civil construction or
maintenance works OR Diploma in Civil Engineering with minimum 3 year post qualification
experience. Noncompliance of the same shall attract a penalty of Rs. 3000/- per day from the date
of commencement of work.
10.1 In order to ensure 100% compliance of safety related regulations and procedures and non-use of
PPE, penalty will be imposed on the contractor for not adhering to safety rules & regulations. The
contractor must endeavour to avoid penalty by encouraging, motivating and making their
employees aware about all the Safety regulations.
Sl.
Safety violation Penalty
No.
1 Non-use of PPE like Helmet/Safety shoes etc. Rs. 250/-per day / item / person
2 Hot work without proper permit/clearance Rs. 1000/- per occasion
Non use of ELCB, use of non standard socket, poor cable
joint, laying wire/ cables on roads, electrical job by
3 Rs. 500/- per item/day
incompetent person, use of more than 24V power in
confined space
Quantities stated under each item in the Specification or Bill of Quantities/Price Schedule is
approximate only. The contractor must be willing to accept any variation in quantities and the
unit rate quoted shall remain unchanged. The company reserves the right to cancel any part of the
work if the same is not required to fulfil the objectives of the specific work contract.
Shri. K. Sankaralingam, Manager – Technical (Civil) will be the Engineer-in-Charge for this
work.
Sl.
Particulars Quantity Unit
No.
Supply, fabrication & erection of MS structural supports for
replacement of MS structural such as rafters, columns, purlins, truss,
roof supports, side cladding angles, louvers, monkey ladders, gutter
supports, cleats, stiffeners, battens, joint plates, gusset plates, gates,
embedded parts in concrete and other roof supports etc., at all
heights without damaging the adjacent structures including cutting
& dismantling of damaged MS structural, providing temporary
supports for the structure to be dismantled and nearby structures
after taking actual site measurements of damaged structural
members, worn-out / corroded structural members either partially or
full members to suit existing site condition and roof setup wherever
required to complete the work in all respects as directed by Engineer-
in-charge.
The work includes supply of required structural members,
unloading, leading the material to work site, straightening, cutting,
grinding the edges, welding, bolting, painting the steel surface with
1 8 t
one coat of epoxy primer (zinc phosphate/red oxide) & two coats of
chemical resistant epoxy finish paint after thorough surface
preparation using cup brush fitted with angle grinder etc., complete.
The erection work includes fixing in position, welding in batten
plates, bolting, providing good quality anchor bolts in masonry
structure at required area using suitable numbers & size etc.,
complete. The existing damaged structural steel items shall be cut in
to 4.0m before dispose in to scrap yard. If any paint touch-up is
required after erection, this has to be done by the contractor.
The rate shall include cost of all materials, labour, unloading, fabrication,
erection, dismantling of damaged structural, concrete coping or masonry
structure, plastering or grouting in purlin joints, any other modification
work, gas cutting, welding, cost of paint brush, tools, machineries,
transportation cost, scaffolding, working platforms, and other consumables
etc., for carrying out the complete work.
Labour charges for laying AC/Non-AC roof sheets including curve
sheets, ridges for the existing roof set up after removing the old AC
roof sheets, ridges, curve sheets etc., from the existing site as directed
by Engineer–in-charge. New roof sheet & curve sheet shall be fixed
using GI bolts of J/L 8mm diameter polymer coated with nuts, plate
and washers, caps etc., and apply weather proof silicon sealant over
the exposed top portion of the bolt & nut and make the roof leak
proof. The holes for fixing roof bolts into roof sheets shall be drilled
using portable drilling machine. The opened roof area shall be
2 covered using tarpaulin to avoid any rainwater ingress inside the 600 m2
plant during rain. The waste/scrap/old damaged roof sheets
generated during the work shall be disposed in to our disposal yard.
The work shall be carried out meeting stringent safety requirements
under Special safety work permit system & close supervision.
The rate shall include labour charges, cost of polymer coated roof bolts,
weather proof silicon sealant, hire charges for tools, hire charges of drilling,
chipping machines, scaffolding charges, safety ladder, working platform,
ties, vehicles required for the work, transportation cost & other accessories
Signature and seal of contractor Page 20 of 52
required for completion of work. IREL will issue roof sheets (all types), curve
sheets required for the work free of cost.
Labour charges for laying & fixing Zincalume / FRP/ PVC/ UPVC/
polycarbonate sheets for side cladding work including cutting of
sheets to required shape/length, fixing using SS / Alloy steel self-
tapping screws, washers and application of silicon joint sealant over
the bolt heads, all required to make the cladding leak proof to suit the
existing site conditions, providing necessary scaffolding for working
at height etc., complete. The waste material generated from site shall
be disposed to our yard within the distance of 750m inside our
3 450 m2
company premises.
The rate shall include labour charges, cost of weather proof silicon sealant,
hire charges for tools, hire charges of drilling & chipping machines & labour
charges, scaffolding charges, safety ladder, working platform, ties, vehicles
required for the work, transportation cost & other accessories required for
completion of work. IREL will issue roof sheets (all types) required for the
work free of cost.
Supply, fabrication & erection of GI structural hollow tubular
sections (Make: Tata / Jindal / Apollo) for side cladding work in
structural shed which includes louvers, gates, stand and other works
as directed by engineer in charge. The work includes cutting,
hoisting, fixing in position, welding, bolted with suitable fasteners,
washers, anchor bolts to concrete structure, closing the open end of
each section, surface cleaning, applying one coat of epoxy primer &
4 2 t
two coats epoxy finish paint.
The rate shall include cost of all materials, labour, unloading, fabrication,
dismantling of damaged MS structural, modification work, gas cutting,
welding, cost of paint brush, tools, machineries, transportation cost,
scaffolding, working platforms, and other consumables etc., for carrying out
the complete work.
Supply & Painting the existing MS structural rafters, purlins, side
bracings, stiffeners, joint plates, gusset plate and other roof supports
etc., with one coat of epoxy primer (zinc phosphate/red oxide) and
two coats of high build epoxy chemical resistant finish paint after
thorough surface preparation which includes removing loose old
paint layer thoroughly, dirt, grease by using emery paper, cleaning
the surfaces using sand/wire brushes/ scrapper etc., including
scaffolding charges, cost of paint, thinner, paint brushes, wire brush
etc., mixing & application of paint as per manufacturers
5 specification, disposing the waste within 500m distance inside 1200 m2
disposal yard premises, all required for the completion of work as
directed by the Engineer-in-charge. Successive coat of paint shall be
applied only after hard drying of the previous coat. Minimum 24
hrs., should be given between successive coatings. The colour shade
shall be got approved before commencement of work.
The rate shall include cost of all materials, labour charges, scaffolding
charges , working platforms, safety equipments, , safety net, tarpaulin for
covering roof area etc, for carrying out the complete work.
The rate shall include cost & conveyance of all materials such as roof gutter,
end drops, brackets, clamps etc, labour charges, scaffolding& working
platform charges, nuts and bolts & other accessories for completion of the
entire work.
Supply & fixing PVC pipe of 140mm dia or nearest, 4 kg/cm2
pressure rating for rain water down take from roof gutter, including
suitable specials such as bends, tees, elbows, GI slotted rail (min 7mm
dia) 80cm c/c etc., required for the work suit to site setup, placing at
site in position with necessary jointing to proof leak, slopping to
drain etc., accessories for the roof set-up and sealing them, necessary
anchoring, clamping to MS columns using GI clamps with threaded
7 connection at about 80cm spacing, grouting to the masonry structure 50 Rm
after removal of damaged down take pipes etc., all required for the
completion of work and as directed by Engineer-in-Charge with prior
approval for all fittings.
The rate shall include labour charges & cost of materials, scaffolding
charges, cost of staging / working platform, lead & lift of materials, tools
etc., for carrying out the complete work.
INDEX
Sl No. Particulars
1.0 DEFINITIONS
1.2 SINGULAR & PLURAL
1.3 CLAUSE HEADINGS OR MARGINAL NOTES
1.4 SPECIFICATION
1.5 ENGINEERING-IN-CHARGE
2.0 ASSIGNMENT AND SUBLETTING
3.0 EXTENT OF CONTRACT
4.0 CONTRACT DOCUMENTS
4.1 CUSTODY OF DRAWINGS
4.2 ONE COPY OF DRAWINGS TO BE KEPT ON SITE:
4.3 FURTHER DRAWINGS AND INSTRUCTIONS
5.0 CONTRACT AGREEMENT
6.0 MODIFICATION IN CONTRACT
7.0 USE OF CONTRACT DOCUMENTS AND INFORMATION
7.4 CONTRACT TO INFORM HIMSELF FULLY-
7.5 GENERAL INFORMATION
7.6 STANDARDS
7.7 PRIORITY OF CONTRACT DOCUMENTS
7.8 SPECIAL CONDITIONS OF CONTRACT:
8.0 PATENT INFRINGEMENT
9.0 INDEMNITIES
9.1.1 CONTRACTOR INDEMNITIES FOR LIABILITIES
9.1.2 CONTRACTOR INDEMNIFICATION FOR TAXES
9.1.3 INDEMNIFICATION BY SUB-CONTRACTOR/ VENDOR
9.1.4 PAYMENT OF AMOUNTS UNDER THIS CLAUSE
9.1.5 PERMITS AND CERTIFICATES
9.1.6 MECHANICS LIEN
10.0 WORK TO BE TO THE SATISFACTION OF ENGINEER:
11.0 PROGRAMME TO BE FURNISHED:
12.0 CONTRACTORS SUPERINTENDENCE:
13.0 CONTRACTOR'S EMPLOYEE:
14.0 EXTRA SUPERVISION ON WORK:
15.0 SETTING-OUT OF THE WORKS
16.0 USE OF EXPLOSIVES
17.0 CARE OF WORKS
17.2 EXCEPTED RISKS
18.0 USE OF LAND & BUILDINGS
19.0 DAMAGES TO PERSONS AND PROPERTY
20.0 ACCIDENT OR INJURY TO WORKMEN
21.0 WORKMEN'S COMPENSATION ACT
22.1 GIVING OF NOTICE AND PAYMENT OF FEES
22.2 COMPLIANCE WITH STATUTES REGULATIONS ETC.
23.0 FOSSILS ETC.:
24.0 PATENT RIGHTS & ROYALTIES
25.0 INTERFERENCE WITH TRAFFIC ADJOININGPROPERTIES
26 (A) EXTRAORDINARY TRAFFIC:
26(B) WATERBORNE TRAFFIC:
27.0 OPPORTUNITIES FOR OTHER CONTRACTORS:
28.0 SUPPLY OF PLANT, MATERIAL AND LABOUR:
29.0 DELAY IN OBTAINING MATERIALS BY THE EMPLOYER
30.0 SITE CLEARANCE ON COMPLETION OF WORK
1.0 Definitions:
In the contract (as hereinafter defined), the following ‘words’ and ‘Definitions’ expression shall have the meaning hereby assigned to them except where the context
otherwise requires:
a) "Employer" means IREL (India) Limited (IREL) having its registered office at Plot No. 1207, Veer Savarkar Marg, Near Siddhi Vinayak Temple, Prabhadevi, Mumbai-
400028. The term Employer includes successors, assigns of IREL.
b) "Contractor" means the person or persons, firm or company whose tender has been accepted by the Employer and includes the Contractors’ personal representatives,
successors and permitted assignees.
c) "Engineer" means the representative of IREL or the other Engineer appointed from time to time by the Employer and notified in writing to the contractor to act as
Engineer for thepurposes of the contract in place of the said representative.
d) "Engineer's Representative" means any resident engineer or assistant of the Engineer or any other employee or agent appointed from time to time by the Employer or the
Engineerto perform the duties set forth in Clause 1.5 hereof and whose authority shall be notified in writing to the Contractor by the Engineer.
e) "Work" shall mean and include all works specified or setforth and required in and by the specifications, drawing and schedule hereto annexed or to be implied
therefrom or incidental thereto or to be hereafter specified or required in such explanatory instructions and drawings (being in conformity with the original
specification, drawing and schedule) and also such additional instructions and drawings not in conformity as aforesaid as shall from time to time, during the progress of
the work hereby contracted for, be supplied by the Employer.
f) "Contract" means the Invitation to tender, Instructions to Tenderers, General Conditions of Contract, Special. Conditions of Contract, Specifications, Drawings. Tender
Schedule showing approximate quantities, quoted rates and amount against each item, Time Schedule, Letter of Intent/Award, Tender and Contract agreement.
In the case of Item Rate Contracts, Rates by the item rates quoted by the tenderer and accepted by the Company for the various items.
h) "Constructional Plant" means all appliances or things of whatsoever nature as required or about the execution, completion or maintenance of the Works or, Temporary
Works (as hereafter defined) but does not include materials or other things intended to form or forming part of the permanent work or temporary housing, hutting,
offices & Stores etc.
i) "Temporary Works" means all temporary works of every kind required in or about the execution, completion or maintenance of the works.
j) "Drawings" means the drawings referred to in the Specification and any modification of such drawings approved in writing by the Engineer and such other drawings as
may fromtime to time be furnished or approved in writing by the Engineer.
k) "Site “means the lands and other places envisaged by the Employer where the Works areto be executed or carried out.
l) "Letter of Intent" is an intimation by a letter to tenderer that tender has been accepted in accordance with the provisions contained in that letter.
m) "Approved" means approved in writing including subsequent written confirmation of previous verbal approval and "approval" means approval in writing including
aforesaid.
1.2 Singular & Plural : Words importing the singular only also include the plural and vice versa where the context requires.
1.3 Clause Headings or Marginal notes: The Clause headings or marginal notes in these General Conditions shall not be deemed to be part thereof or be taken into
considerationin the interpretation or construction thereof or of the contract.
1.4 Specification: The term "Specification" shall mean schedules, detailed designs, statements of technical data, performance characteristics and all such particulars
mentioned as such in the contract. In the absence of any specific specifications issued bythe Employer, the specifications issued by the BIS will apply.
1.4.1.1 ENGINEER-IN-CHARGE:
The Engineer-in-charge shall represent and act on behalf of IREL at all times during the currency of the all notices, instructions, orders, certificates, approvals and all
other communications under this Contract shall be given by the Engineer-in-charge, except as herein otherwise provided.
2.1 The Contractor shall not assign the Contract or any part thereof or any benefit or interest therein or thereunder (other than a charge in favour of the Contractor's Bankers
of any money due or to become due under this Contract) without the prior written consent of Employer.
2.2 The Contractor shall not sub-let the whole or part of the Works except where otherwise provided by the Contract, and even then only with the prior written consent of the
Employer and such Consent if given shall not relieve the Contractor from any liability or obligation under the contract and he shall be responsible for the acts, defaults
and neglects of any Sub-contractor, his agents, servants or workmen as fully as if they were the acts, defaults or neglects of the Contractor, his agents, servants or
workmen Provided always that the provision of labour on a piecework basis shall not be deemed to be a sub- letting under this clause.
2.3 CONTRACTOR shall supervise and direct the work of all SUB-CONTRACTORS and shallbe responsible for co-coordinating their work. If CONTRACTOR fails to correct,
orcommence to correct and execute the correction with due diligence of deficient or defectivework performed by any SUB-CONTRACTOR within reasonable time (provided
it doesn’t materially impact safe operation of plant), after receipt by CONTRACTOR of a notice fromEMPLOYER with respect thereto. EMPLOYER may (but shall not be
obligated to), after seven days following receipt by CONTRACTOR of an additional notice, and without prejudice to any other right or remedy take all reasonable steps
to remedy such defectiveor deficient work at risk and cost of CONTRACTOR.
2.4 CONTRACTOR shall require all SUB-CONTRACTORS to perform in accordance with the relevant requirements of the CONTRACT including FINAL PROPOSAL, all
APPLICABLE LAWS and APPLICABLE PERMITS, Prudent Utility Practice, Good Engineering Practices, the requirements of the NIT, and all Warranties of SUB-
CONTRACTORS/SUBVENDORSand Manufacturers and all insurance policies relating to the PLANT or the WORK.
2.5 CONTRACTOR shall be solely responsible for paying each SUB-CONTRACTOR and any other person to whom any amount is due from CONTRACTOR for services,
equipment, construction equipment, materials or supplies otherwise related to the PLANT or the WORK.
2.6 CONTRACTOR shall take all reasonable steps and actions to ensure that such services, equipment, construction equipment, materials and supplies and the like have
been or willbe received, inspected and approved and that such services have been or will be properlyperformed.
2.7 EMPLOYER shall not be deemed by virtue of the CONTRACT to have any contractual obligation to or relationship with any SUB-CONTRACTOR.
The Contract comprises the construction, completion and maintenance of the works and except in so far as the contract otherwise provides, the provision of all labour,
materials, constructional plant, temporary works and everything whether of a temporary or permanent nature required in and for such construction, completion and
maintenance.
One copy of the drawings furnished to the Contractor as aforesaid shall be kept by the Contractor on the site and the same shall at all reasonable time be available for
inspection and use by the Engineer and the Engineer's representative and by any other person authorised by the Engineer in writing.
The Engineer shall have full power and authority to supply to the Contractor from time to time during the progress of the works such further drawings and instructions
as shall be necessary for the purpose of the proper and adequate execution and maintenance of theworks and the Contractor shall carry out and be bound by the same.
The Contractor shall enter into and execute a Contract Agreement in the form annexed hereto within the specified time in Letter of Intent/ Award and in default there of
the earnestmoney paid by the Contractor shall be forfeited and acceptance of his Tender shall be considered as withdrawn. The cost of the stamp fee of the agreement is
to be borne and paid by the Contractor.
6.0 MODIFICATIONS IN CONTRACT:
All modifications leading to changes in the CONTRACT with respect to technical or commercial aspects including terms of completion period shall be considered valid
only when amendment to the CONTRACT is issued by the Employer.
The modification or amendment of the CONTRACT for an adjustment in the CONTRACT PRICE and/ or COMPLETION DATE in accordance with the applicable
provision of the CONTRACT, if any, shall be subject to mutual agreement.
IREL shall not be bound by any printed conditions or provisions in the CONTRACTOR's bid forms or acknowledgement of CONTRACT and other documents which
support to impose any condition at variance with or supplemental to CONTRACT.
7.1 The CONTRACTOR shall not, without the IREL's prior written consent, disclose the CONTRACT or any provision thereof, or any specification, plan, drawing, pattern,
sample or information furnished by or on behalf of the IREL in connection therewith, to any person other than a person employed by the CONTRACTOR in the
performance of the CONTRACT. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purpose of
such performance.
7.2 The CONTRACTOR shall not without the IREL's prior written consent, make use of any document or information enumerated in Clause 7.1 except for purpose of
performing the CONTRACT.
7.3 Any document other than CONTRACT, itself, enumerated in Clause 7.1 shall remain the property of the IREL and shall be returned (all copies) to the IREL on
completion of the CONTRACTOR's performance under the CONTRACT, if so required by the IREL.
The CONTRACTOR in fixing his rate shall for all purpose whatsoever reason may be, deemed to have himself independently obtained all necessary information for the
purpose of preparing his tender and his tender as accepted shall be deemed to have taken into account all contingencies as may arise due to such information or lack of
same. The correctness of the details, given in the Tender Document to help the CONTRACTOR to make up the tender is not guaranteed.
The CONTRACTOR shall be deemed to have examined the CONTRACT DOCUMENTS, to have generally obtained his own information in all matters whatsoever that
might affect the carrying out of the works at the schedules rates and to have satisfied himself to the sufficiency of his tender. Any error in description of quantity or
omission there from shall not vitiate the CONTRACT or release the CONTRACTOR from executing the work comprised in the CONTRACT according to DRAWINGS
and SPECIFICATIONS at the scheduled rates. He is deemed to have known the scope, nature and magnitude of the WORKS and the requirements of materials and
labour involved etc., and as to what all works he has to complete in accordance with the CONTRACT documents whatever be the defects, omissions or errors that may
be found in the DOCUMENTS. The CONTRACTOR shall be deemed to have visited surroundings, to have satisfied himself to the nature of all existing structures, if
any, and also as to the nature and the conditions of the Railways, Roads, Bridges and Culverts, means of transport and communication, whether by land, water or air,
and as to possible interruptions thereto and the access andegress from the site, to have made enquiries, examined and satisfied himself as to the sites for obtaining sand,
stones, bricks and other materials, the sites for disposal of surplusmaterials, the available accommodation as to whatever required, depots and such other buildings as may
be necessary for executing and completing the works, to have made local independent enquiries as to the sub-soil, subsoil water and variations thereof, storms,
prevailing winds, climatic conditions and all other similar matters affecting these works. He is deemed to have acquainted himself as to his liability of payment of
Government Taxes, Customs duty and other charges, levies etc.
Any neglect or omission or failure on the part of the CONTRACTOR in obtaining necessaryand reliable information upon the foregoing or any other matters affecting the
CONTRACTshall not relieve him from any risks or liabilities or the entire responsibility from completionof the works at the scheduled rates and times in strict accordance
with the CONTRACT.
It is, therefore, expected that should the CONTRACTOR have any doubt as to the meaningof any portion of the CONTRACT DOCUMENT, he shall set forth the particulars
thereof in writing to IREL in duplicate, before submission of tender. IREL may provide such clarification as may be necessary in writing to CONTRACTOR, such
clarifications as provided by IREL shall form part of CONTRACT DOCUMENTS.
No verbal agreement or inference from conversation with any effect or employee of the IREL before, during or after the execution of the CONTRACT AGREEMENT
shall in any way affect or modify and of the terms or obligations herein contained. Any change in layoutdue to site conditions or technological requirement shall be binding on
the CONTRACTORand no extra claim on this account shall be entertained.
a) Location of Site: The proposed location of Project site is defined in the Special Conditionsof Contract.
b) Access by Road: CONTRACTOR, if necessary, shall build other temporary access roads to the actual site of construction for his own work at his own cost. The
c) Scope of Work: The scope of WORK is defined in the Technical Part of the tender document. The CONTRACTOR shall provide all necessary materials, equipment,
labour etc. for the execution and maintenance of the WORK till completion unless otherwise mentioned in the Tender Document.
d) Water Supply: Contractor will have to make his own arrangements for supply of water tohis labour camps and for works. All pumping installations, pipe network and
distribution system will have to be carried out by the Contractor at his own risk and cost. Alternatively, IREL at his discretion may endeavour to provide water to the
Contractor at its source of supply provided the Contractor makes arrangement for pipe networks from source of supply and such distribution pipe network shall have
prior approval of the Engineer-in- Charge so as not to interfere with the layout and progress of the other construction works. In such case, the rate for water shall be
deducted from the running account bills (Subject to rate of deduction specifically mentioned in the tender, if any). However, IREL does not guarantee the supply of water
and this does not relieve the Contractor of his responsibilityin making his own arrangement and for the timely completion of the various works as stipulated.
e) Power Supply: Subject to availability, IREL will supply power at 400/440 V at only one point at the nearest sub-station, from where the CONTRACTOR will make his
own arrangement for temporary distribution. The point of supply will not be more than 500 m away from the CONTRACTOR'S premises. All the works will be done as per
the applicable regulations and passed by the ENGINEER-IN-CHARGE. The temporary line will be removed forthwith after the completion of work or if there is any
hindrance caused to the other works due to the alignment of these lines, the CONTRACTOR will re-route or remove the temporary lines at his own cost. The
CONTRACTOR at his cost will also provide suitable electric meters, fuses, switches, etc. for purposes of payment to IREL which should be in the custody and control of
the IREL. The cost of power supply shall be payable to IREL every month for Construction Works which would be deducted from the running account bills (subject to
rate of deduction specifically mentioned in the tender, if any). IREL shall not, however, guarantee the supply of electricity nor have any liability in respect thereof. No
claim for compensation for any failure or short supply of electricity willbe admissible.
It shall be the responsibility of the CONTRACTOR to provide and maintain the complete installation on the load side of the supply with due regard to safety
requirement at site. All cabling, equipment, installations etc. shall comply in all respects with the latest statutory requirements and safety provisions, i.e., as per the
Central/State Electricity Acts and Rules etc. The CONTRACTOR will ensure that his equipment and Electrical Wiring etc., are installed, modified, maintained by a
licensed Electrician/Supervisor. A test certificate is tobe produced to the ENGINEER-IN-CHARGE for his approval, before power is made available.
At all times, IEA regulations shall be followed failing which the IREL has a right to disconnect the power supply without any reference to the CONTRACTOR. No claim
shall be entertained for such disconnection by the ENGINEER-IN-CHARGE. Power supply will be reconnected only after production of fresh certificate from authorized
electrical supervisors.
The IREL is not liable for any loss or damage to the CONTRACTOR's equipment as a result of variation in voltage or frequency or interruption in power supply or
other loss to the CONTRACTOR arising therefrom.
The total requirement of power shall be indicated by the tenderer along with his tender.
7.6 STANDARDS:
The goods and services supplied under this CONTRACT shall conform to the standards mentioned in the technical specifications and when no applicable standard is
mentioned,CONTRACTOR shall follow best engineering practices.
Except if and the extent otherwise provided by the Contract, the provisions of the General Conditions of Contract and Special Conditions shall prevail over those of any
other documents forming part of the CONTRACT. Several documents forming the CONTRACT are to be taken as mutually explanatory of one another, but in case of
ambiguities or discrepancies the same shall be explained and adjusted by the ENGINEER-IN-CHARGE who shall thereupon issue to the Contractor instructions thereon
and in such event, unlessotherwise provided in the Contract, the priority of the documents forming the Contract shallbe as follows :
7.7.1 The Contract Agreement;
7.7.2 The Letter of Acceptance;
7.7.3 The Instructions to Bidders(ITB);
7.7.4 Special Conditions of Contract (SCC);
7.7.5 General Conditions of Contract (GCC)
7.7.6 Any other document forming part of the Contract.
Works shown in the DRAWING but not mentioned in the SPECIFICATIONS or described in the SPECIFICATIONS without being shown in the DRAWINGS shall
nevertheless be deemed to be included in the same manner as if they had been specifically shown upon the DRAWINGS and described in the SPECIFICATIONS.
Special Conditions of Contract shall be read in conjunction with the General Conditions of Contract, specification of Work, Drawings and any other documents forming
part of this CONTRACT wherever the context so requires. Notwithstanding the sub-division of the documents into these separate sections and volumes, every part of
each shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the CONTRACT so far as it may be practicable to do
so.
Where any portion of the General Conditions of Contract is repugnant to or at variance with any provisions of the Special Conditions of Contract, unless a different
intention appears, the provisions of the Special Conditions of Contract shall be deemed to over-ride the provisions of the General Conditions of Contract and shall to the
extent of such repugnancy, or variations, prevail.
8.1 CONTRACTOR shall at all times, indemnify and keep indemnified IREL against all claimsor suits and defend, at its own cost, any suit or action brought against IREL and
hold IREL free and harmless against all costs of such claims or suits which may be made against IREL in respect of any infringement of any rights protected by patent,
copyright, trademarks, and trade secrets to the extent that such claim, suit, or action is a result of the use of CONTRACTOR’s technical Information for the construction,
maintenance, and operation of PLANT and the use of CONTRACTOR’s and/or any other process, licenser’sprocesses used in PLANT. IREL shall pass on all claims made
against it to CONTRACTOR for settlement.
8.2 CONTRACTOR declares that to the best of his knowledge and belief the use of CONTRACTOR’s Technical Information for the construction, maintenance, and operation
of PLANT and the use of CONTRACTOR’s processes used in PLANT will not infringe anyvalid patent rights of a third party. However, if at any time such infringement
arises, CONTRACTOR agrees to keep IREL indemnified and harmless against such claims andcosts thereof and make arrangements that will allow IREL to continue the
operation of PLANT.
8.3 IREL shall promptly advise CONTRACTOR in writing of any claim of infringement or any action for infringement of patents brought against it by a third party and
based upon the use of CONTRACTOR’s Technical Information. If such use is in accordance with instructions given in writing by CONTRACTOR, CONTRACTOR shall
undertake the defence, or assist IREL in the defence, of the claim or suit up to final judgment or settlement.
8.4 CONTRACTOR shall undertake the defence on behalf of IREL and shall have sole chargeand direction of the defence, and shall bear all costs related thereto. CONTRACTOR
shall further hold IREL harmless from any damages or other sums that may become payable by IREL under a final judgment or settlement. However, IREL shall render
8.5 In addition to the measures specified in Clause-8.4, CONTRACTOR may further, at its option, however, in reasonable consultation with IREL, seek to abate the alleged
infringement by modification of PLANT or its operation without adversely affecting the performance and/or secure for IREL immunity from suit for infringement. In
such case, CONTRACTOR shall bear/ reimburse IREL all costs related to the said modification and to the said immunity.
8.6 In the event that IREL is legally restrained from operating PLANT on account of any infringement action or suit, CONTRACTOR shall take all possible actions to assist
IREL to operate and use PLANT, is so far his area of operation is concerned.
8.7 Neither CONTRACTOR nor IREL shall settle or compromise any suit or action without the written consent of the other, if settlement or compromise obliges the other to
make any payment or part with any property or assume any obligations or surrender any rights or to be subjected to any injunction by reason of such settlement or
compromise.
9.0 INDEMNITIES:
To the fullest extent permitted by Law, CONTRACTOR assumes liability for and agrees toindemnify, protect, save and hold harmless IREL from and against any and all
Liabilities (including, any strict liability), arising out of acts or omissions of CONTRACTOR or its personnel or its agents in the performance of its obligations under the
CONTRACT causing bodily injury, sickness, disease or death, damage to or loss of any property, and whether or not involving damage to WORKS or SITE that may be
imposed on, suffered orincurred by or asserted against IREL and in any way relating to or arising out of
9.1.1.1 WORK, any EQUIPMENT
9.1.1.2 the presence, discharge, treatment, storage, transportation, disposal, escape or release of any Hazardous Substance, or the threat thereof, at, to or from SITE after
commencement of work (any hazardous substance already existing at SITE beforecommencement of WORK excluded)
9.1.1.3 The performance of WORK, or as a result of personal injuries (including wrongful death);
9.1.1.4 the violation by CONTRACTOR or any SUB-CONTRACTOR/ VENDOR of any Government Approval or applicable Law;
9.1.1.5 Any breach of CONTRACT with any SUB-CONTRACTOR/VENDOR, provided, however, that CONTRACTOR shall not be required under this Clause to indemnifyIREL
for any liability arising out of or resulting from events or circumstances occurring or existing after PRELIMINARY ACCEPTANCE OF PLANT except where the
liability arises from an act or omission of CONTRACTOR or any SUB- CONTRACTOR/VENDOR or any other Person directly or indirectly employed by either of them
or anyone for whose acts either of them may be liable that was a contributory cause of such liability.
It is specifically understood that CONTRACTOR hereby accepts and assumes exclusive liability for and save and hold IREL harmless from and against of all Taxes
arising from the performance of WORK, and all such Taxes shall be deemed to be included in CONTRACT PRICE, except for GST. GST at applicable rate is payable
extra. Seller needto prepare E-Invoice under GST and submit monthly/ quarterly GST Return as per GST Rules. Failure to submit GST Return on time as per GST Rules
may result into deductionof GST while processing Bills.
CONTRACTOR shall obtain from each SUB-CONTRACTOR/VENDOR, which is an affiliate, and shall use all reasonable efforts to obtain from each SUB-
CONTRACTOR/ VENDOR, an indemnification materially similar in form and substance to Clause-9.1.1 andClause-9.1.2 of which the IREL shall be named as beneficiary.
Except to the extent covered by insurance, all amounts payable and due by CONTRACTOR to IREL under this Clause shall be deducted from CONTRACT PRICE orany
other amounts owed by IREL to CONTRACTOR here under. If such amounts payable by IREL to CONTRACTOR are less than the amounts payable and due by
CONTRACTORunder this Clause, CONTRACTOR shall be liable to IREL for such excess and shall pay such amount to IREL immediately upon demand.
CONTRACTOR shall procure, at its expense, all necessary permits, certificates and licences required by virtue of all applicable laws, regulations, ordinances and other
rules in force at the place where any of the works is to be performed, and CONTRACTOR further agrees to hold IREL harmless from liability or penalty which might be
imposed by reason of any asserted or established violation of such laws, regulations, ordinances or other rule. IREL shall provide the necessary permits for
CONTRACTOR's personnel to undertake any work in India in connection with CONTRACT.
CONTRACTOR agrees to indemnify and hold harmless IREL against all labourer's material, men's and/or mechanics liens arising from its work, and shall keep the
premisesof IREL free from all such claims, liens and encumbrances.
The Contractor shall execute, complete and maintain the Works in strict accordance with the contract, to the satisfaction of the Engineer and shall comply with and
adhere strictly to the Engineer's instructions and direction on any matter (whether mentioned in the Contract or not). The Contractor shall take instructions and
directions only from the Engineer or from the Engineer's representative on any matter touching or concerning theWorks.
As soon as practicable after the acceptance of his tender, the Contractor shall, if required, submit to the Engineer for his approval a programme showing the order of
procedure and the method in which he proposes to carry out Works and shall whenever required by the Engineer or Engineer's representative furnish for his
information particulars in writing of the Contractor's arrangement for the carrying out of the Works and of the constructional plant and temporary Works which the
Contractor intends to supply, use or construct as the case may be. The submission to and approval by the Engineer or Engineer's representative of such programme or
the furnishing of such particulars shall not relieve the Contractor of any of his duties or responsibilities under the Contract.
The Contractor shall give and provide all necessary superintendence during the executionof the works and as long thereafter as the Engineer may consider necessary for the
proper fulfilling of the Contractor's Obligation under the contract. The Contractor or one of his competent and authorised agent approved of in writing by the Engineer
(which approval may at any time be withdrawn) is to be constantly on the Works and shall give his whole time to the superintendence of the same. If such approval
shall be withdrawn by the Engineer, the Contractor shall as soon as is practicable (having regard to the requirement of replacing him as here-in-after mentioned) after
receiving written notice of such withdrawal, remove the agent from the Site and shall not thereafter employ him again on the Site in any capacity and shall replace him
by another agent approved by the Engineer, Such authorised agent shall receive on behalf of the Contractor directions and instructionsfrom the Engineer or (subject to the
limitations of Clause 2 hereof) the Engineer's representative.
The Contractor shall provide and employ on the Site in connection with execution and maintenance of the Works.
(a) Only such technical assistants and other staff as are skilled and experienced in their respective callings and such sub-agents, foreman and loading hands as are
competent to give proper supervision to the work they are required to supervise and
(b) Such skilled, semi-skilled and unskilled labour as is necessary for the proper and timely execution and maintenance of the Works.
13.1 The Engineer shall be at liberty to object to and require the Contractor to remove forthwith from the Works any person employed by the Contractor in or about the
execution or maintenance of the Works who in the opinion of the Engineer misconducts himself or incompetent or negligent in the proper performance of his duties or
whose employment is other-wise considered by the Engineer to be undesirable and such person shall not be again employed upon the Works without the written
permission of the Engineer. Any person so removed from the Works shall be replaced without delay by a competent substitute approved by the Engineer.
If in the opinion the Engineer, due progress is not made with the work in accordance with the contract, and or the execution thereof becomes contrary to specifications,
and/or bad work is executed and/or bad materials are used or supplied by the Contractor, and/or any directions given by the Engineer are not properly complied with
or attended to, the Engineer may if he considers it necessary or proper for the execution of the work in accordance with the contract, of which his certificate in writing
will be sufficient evidence order the employment of extra supervising staff to supervise the work and the expenses of the employment including the salary of the
supervising staff shall be provided by the Contractor, provided that the Engineer shall give to the Contractor not less than 7 days previous notice in writing of intention
to exercise his power.
The Contractor shall be responsible for the true and proper setting out of the Works and the correctness of the position levels, dimensions and alignment of all parts of
the Works and for the provision of all necessary instrument appliances and labour in connection therewith. If at any time during the progress of the works, any error
shall appear or arise in the position, levels, dimensions or alignment of any part of the Works, the Contractor on being required so to do by the Engineer or Engineers
representative shall at his own expense rectify such error to the satisfaction of the Engineer or Engineer's representative unless such error is based on incorrect data
supplied in writing by the Engineer or the Engineer's representative in which case the expense of rectifying the same shall be borneby the Employer. The checking of any
setting out or of any line or level by the Engineer or the Engineer's representative shall not in any way relieve the Contractor of his responsibility for the correctness
thereof and the Contractor shall carefully protect and preserve all bench marks, site rails, pegs and other things used in setting out the works.
Explosives shall not be used on the work by the contractor without the permission in writingof the Engineer and then only in the manner and to the extent to which he has
prescribed.Where explosives are used, the same shall be stored in a special magazine to be providedby and at the cost of the Contractor, who shall be liable for all damages,
loss or injury to any person or property & shall be responsible for complying with all the Statutoryobligations in these respects.
The Contractor shall in connection with the Works provide and maintain at his own cost all lights, guards, fencing and watching when and where necessary or required
by the Engineer or Engineer’s representative or by a duly constituted authority for the protection of the Works or for the safety and convenience of the Public or others.
17.1 From the commencement to the completion of the Works, the Contractor shall take full responsibility or the care thereof and of all Temporary Works and in case any
damage, loss or injury shall happen to the Works or to any part thereof or to any temporary Works from any cause whatsoever (save and except the excepted risks as
defined in sub-clause (2) of the clause) shall at his own cost repair and make good the same so that at completion the Works shall be in good order and condition
and in conformity in every respect with the requirements of the Contract and the Engineer's instructions. In the eventof any such damage, loss or injury happening from
any of the excepted risks the Contractor shall if and to the extent required by the contractor shall also be liable for any damage to the Works occasioned by him in the
course of any operations carried out by him for the purpose of complying with his obligations under Clause 58 hereof.
The "excepted risks" mentioned in Sub-clause (1) above are war hostilities (whether war be declared or not), invasion act of foreign enemies, rebellion, revolution,
insurrection of military or usurped power, civil war or (otherwise than among the Contractor’s own employees) riot, commotion or disorder or any such operation of
the forces of nature as responsible foresight and ability on the part of Contractor could not foresee or reasonably provide against (all of which are herein collectively
referred to as "the excepted risks".)
19.1 The Contractor shall (except if and so far as the Specification provided otherwise) indemnify and keep indemnified the IREL against all losses and claims for injuries or
damages to any person or any property whatsoever which may arise out of or in consequence of the construction and maintenance of the works and against all claims,
demands, proceedings, damages, costs charges and expenses whatsoever in respect of or in relation thereto. Provided always that nothing hereby contained shall be
deemed to render the Contractor liable for or in respect of or to indemnify the IREL against any compensation or damages for or with respect to:
(a) The permanent use or occupation of land by the works or any part thereof (save as herein -after provided) surface or other damage as aforesaid i.e. surface or other
damage caused by contract works in the normal course.
(b) The right of the IREL to construct the Works or any part thereof on over under in or through any land.
(c) Interference whether temporary or permanent with any right to light, air, way or water or other easement or quasi-easement which is unavoidable result of the
construction of the Works in accordance with the Contract.
(a) The employer shall not be liable for or in respect of any damages or compensationpayable as per or otherwise in respect of or in consequence of any accident or injury to
any workmen or other persons in the employment of the Contractor or any Sub-Contractor and the Contractor shall indemnify and keep indemnified the Employer
against all such damages and compensation and against all claims, demands, proceedings, cost, charges and expenses whatsoever in respect thereofin relation there to.
(b) The Contractor shall forthwith report all accidents and injuries as a result of his contractual work to the employer or his representative.
The Contractor shall at all times indemnify the Employer against all claims for compensation under the provision of the Workmen's Compensation Act, 1923 (VIII of
1923) or any other law for the time being in force by or in respect of any workmen employedby the Contractor in carrying out the contract and against all costs and expenses
incurred by the employer in connection therewith and (without prejudice to any other means of recovery) the employer shall be entitled to deduct from any money due
or to become dueto the Contractor (whether under this contract or any other contract) all moneys paid or payable by the Employer by way of compensation aforesaid or
for costs or expenses in connection with any claim thereto and the Contractor shall abide by the decision of the Employer as to the sum payable by the Contract, under
the provision of this clause.
22.1 The Contractor shall give, all notices and pay all fees required to be given or paid to any Central or State, Statute, Ordinance or other Law or any rule, Regulation or
Bye-Law of local or other duly constituted authority in relation to the execution of the Works or of any temporary works and by the rules and regulations of all public
bodies whose property or rights are affected or may be affected in any way by the works or any Temporary Works.
The Contractor shall conform in all respects with the provision of any such statute, ordinance, or Law as aforesaid and the rules, Regulations or Bye-laws of any local or
other duly constituted authority which may be applicable to the Works or to any Temporary Works and with such rules and regulations of public bodies as aforesaid
and shall keep the employer indemnify against all penalties and liability of every kind for breach of any such Statute, Ordinance, Law, Rules, Regulation or Bye-laws.
The Contractor shall save harmless and indemnify the Employer from and against all claims and proceeding for or on account of infringement of any patent rights,
designs trade-mark or name or other protected rights in respect of any Constructional plant, machine, work or material used for or in connection with the Works or
Temporary Works of any of them and from and against all claims, demands, proceeding, damages, cost, charges and expenses whatsoever in respect thereof or in
relation there to.
(b) Except where otherwise specified, the Contractor shall pay all tollage and other royalties, rent and other payments or compensation (if any) for getting stone, sand,
gravel, clay or other materials required for the Works or temporary Works or any of them.
All operations necessary for the execution of the Works and for the construction of any Temporary works shall so far as compliance with the requirements of the Contract
permits be carried on so as not to interfere unnecessarily or improperly with the Public convenience or the access to use and occupation of public or private roads and
footpaths or to or properties whether in the possession of the Employer’s Workmen or of any other person and Contractor shall save harmless and indemnify employer
in respect of all claims, demands, proceeding, damages, costs, charges and expenses whatsoever arisingout of or in relation to any such matters.
The Contractor shall use every reasonable means to prevent any of the highways and bridges communicating with or on the routes to the site from being damaged or
injured byany traffic of the Contractor or any of his Sub-Contractors and in particular shall select routes, choose and use vehicles and restrict and distribute loads so that
any such extraordinary traffic as will inevitably arise from the moving of plant and material from andto the site shall be limited as far as reasonably possible and so that
no unnecessary damage or injury may be occasioned to such highways and bridges. For any damage caused by the breach hereof, the Contractor shall be solely
responsible.
Where the nature of the works is such as to require the use by the Contractor of water borne transport, the fore going provisions of this clause shall be construed as
though "highway" included a dock, deck, sea wall, or other structure related to a water-way and "vehicles" included craft and shall have effect accordingly.
The Contractor shall in accordance with the requirements of the Engineer afford all reasonable opportunities for carrying out their work to any other contractors
employed by the Employer and their workmen and to the workmen of the Employer and of any other duly constituted authorities who may be employed in the
execution on or near the site of any work not included in the Contract or of any Contract which the Employer may enter into in connection with or ancillary to the
works.
Except where otherwise specified the Contractor shall at his own expense supply and provide all the Constructional Plant, Temporary Works, materials both for
temporary and for permanent Works, labour (including the 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.
If the Employer has undertaken to supply materials specified in the special conditions at rates stated therein, the Contractor shall keep himself in touch with the day-to-
day positionregarding the supply of materials from the Engineer and so adjust the progress of the workthat their labour may not remain idle nor may there be any other
claim due to or arising from delay if any, in obtaining the materials. It should be clearly understood that no claim whatsoever shall be entertained by the Employer on
account of delay in supplying materials.
On the completion of the work all rubbish, debris, vats tanks, materials, and temporary structures of any sort or kind used for the purpose of or connected with its
construction are to be removed by the Contractor and all pits and excavations filled up and the site handed over in a tidy and workman like condition and no final
payment in settlement of the account for the said work shall be held to be due or shall be made to the Contractor, till such site clearance shall have been effected by him,
and such clearance may be made by the Engineer, at the expense of the Contractor in the event of his failure to comply with this provision within 7 days after receiving
notice in writing from the Engineer to that effect. If it becomes necessary for the Engineer to have the site cleared as indicated above at the expense of the Contractor, the
Employer shall under no circumstances, be held liable for any losses or damages to such of Contractor's property as may be on such site due to such removal there from
which removal may be effected by means of public sale of suchmaterials and property or in such way as seems fit and most convenient to the Engineer.
All materials and workmanship shall be of the respective kinds described in the Contract and in accordance with the Engineer’s instructions and shall be subjected from
time to time to such tests as the Engineer 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, quantity or
weight of any material used and shall supply samples of materials before incorporation in the Works for testing as maybe selected and required by the Engineer.
Cost of samples: All samples shall be supplied by the Contractor at his cost.
Cost of tests: The cost of making any test in performance of his works shall be borne by the Contractor.
The Employer/Engineer and any person authorised by him shall at all times have access to the Works and to the Site and to all workshops and places where work is being
prepared or where materials, manufactured articles or machinery are being obtained for the Works and the Contractor shall afford every facility for and every assistance
in or in obtaining theright to such access.
34.0 INSPECTION, TESTING AND EXPEDITING:
34.1 The EMPLOYER or his representatives shall have their right to inspect and/or to test the goods to conform to the specifications laid down in the CONTRACT. The
SPECIAL CONDITIONS OF CONTRACT and/ or the TECHNICAL SPECIFICATIONS shall specify what inspections and test the EMPLOYER requires and where they
are to be conducted. The EMPLOYER shall notify the CONTRACTOR in writing of the identity of any other representatives retained for this purpose. Expediting by
EMPLOYER’s representative in no way relieves the CONTRACTOR of his obligation under the terms and conditions of this CONTRACT.
34.2 The inspections and tests may be conducted on the premises of the CONTRACTOR or his SUB-CONTRACTOR at point of completion and/or at the good's final
destination. When conducted on the premises of the CONTRACTOR or his SUB-CONTRACTOR, all reasonable facilities and assistances including access to drawings
and production datashall be furnished to the inspector at no charge to the EMPLOYER.
34.3 CONTRACTOR shall be held responsible for any possible delay in the approval or testing phase as well as for any possible delay in the remittance of necessary
certificates. Delayon the part of the Inspection institutions will not be considered a case of 'Force Majeure'.
34.4 Participation or presence of EMPLOYER or their representatives at any tests or their failure to be present at or to witness any tests to be undertaken pursuant here to shall
notin any way or manner relieve or release the CONTRACTOR from any of its warranties, guarantees or other obligations under the CONTRACT.
34.5 Copies of all test results/report of the tests shall be furnished promptly by the CONTRACTOR to EMPLOYER.
No work shall be covered up or put out of view without the approval of the Engineer or theEngineer's representative and the Contractor shall afford full opportunity for
the Engineer or the Engineer's representative to examine and measure any work which is about to be covered up or put out of view and to examine foundations before
permanent work is over, any such work or foundations is or are ready or about to be ready for examination and theEngineer's 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.
The Contractor shall uncover any part or parts of the Works or make opening in or throughsame as the Engineer may from time to time direct and shall reinstate and make
good such part or parts to the satisfaction of the Engineer. If any such part or parts have been covered up or put out of view after compliance with the requirements of
subclause(l) of this Clause and are found to be executed in accordance with the Contract, the expenses of uncovering making opening in or through reinstating and
making good the same shall be borne by the Employer but in any other case all such expenses shall be borne by the Contractor and shall be recoverable from him by the
Employer or may be deducted by theEmployer from any moneys due or which may become due to the Contractor.
The Engineer shall during the progress of the Works have power to order in writing from time to time:
(a) the removal from the Site within such time or times as may be specified in the order of any materials which in the opinion of the Engineer are not in accordance with the
(vi) Excess/misuse:
Steel drawn in excess or misused will be charged at 100% overissue/recovery rates as stipulated in the contract.
(viii) Except Steel, materials issued to the Contractor on recovery basis shall not normally be taken back. In case of steel and materials issued free, the surplus stock will be
taken back at the stipulated rates of issue, provided they are returned in good condition. In case of steel, rebate at full rates will be made only if the pieces are returned in
length not less than 6M. Shorter pieces in the range of 4M to 6M length will be taken back @ 50% of the issue rates. The materials shall be returned at IREL stores and all
expenses towards conveyance, handling, weighing, sorting,etc. shall be at Contractor's accounts. As regards to the conditions of the materialsto be returned, the decision of
the Engineer shall be final and binding on the Contractor. The norms prevalent for consumption in respect of Steel shall apply for calculating the consumption of these
materials for recovery.
44.2 If the Work is delayed at any time in the commencement or during the progress of the WORK by any act, delay or neglect solely attributable to IREL or his employees, or
by any other contractor utilised by the IREL or by FORCE MAJEURE conditions, the time of completion shall be extended by IREL (without levy of Mutually Agreed
Damages) in writing for a reasonable period as may be mutually agreed upon, at the time of closure of contract. The CONTRACTOR shall, immediately on occurrence of
such special circumstances but not later than 14 working days, bring to the knowledge of IREL throughwritten application for any such delay as mentioned above.
44.3 IREL shall have the right to suspend the WORK in whole or in part for such time as may be necessary in order that WORKS shall be well and properly executed. In such
events, suitable extension of time shall be granted to CONTRACTOR.
48.2 If there is delay in performance or other failures by the contractor to perform obligations under its contract due to event of a Force Majeure, the supplier/contractor
shall not be held responsible for such delays/failures.
48.3 If a Force Majeure situation arises, the contractor shall promptly notify the purchaser in writing of such conditions and the cause thereof within fifteen days of
occurrence of suchevent. Unless otherwise directed by the EMPLOYER in writing, the CONTRACTOR shall continue to perform its obligations under the contract as far
as reasonable/practical and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.
48.4 If the performance in whole or in part or any obligation under this contract is prevented or delayed by any reason of Force Majeure for a period of exceeding 120 days,
IREL may atits option terminate the contract without any financial repercussion on either side.
52.1 VARIATIONS
The Engineer shall make any variation from quality or quantity of the works or any part there of that may in his opinion be necessary and for that purpose or if for any
other reasonit shall in his opinion be desirable he have power to order the Contractor to do and the Contractor shall do any of the following:
(a) increase or decrease the quantity of any works included in the contract.
(b) omit any such work
(c) change the character or quality or kind of any such work
(d) change the levels, lines position and dimensions of any part of works and
(e) execute additional work of any kind necessary for the completion of the works andno such variation in any way vitiate or invalidate the contract but the value (if any) of
all such variations shall be taken into account in ascertaining the amount of thecontract price.
52.2 No such variation shall be made by the Contractor without an order in writing of the Engineer. Provided that no order in writing shall be required for increase or
decrease in the quantity of any work where such increase or decrease is not the result of an order given under this Clause but is the result of the quantities exceeding or
being less than those stated in the Tender Schedule. Provided also that if for any reason the Engineer shall consider it desirable to give any such order verbally, the
contractor shall comply withsuch order and any confirmation in writing of such verbal order given by the Engineer whether before or after the carrying out of the order
shall be deemed to be an order in writing within the meaning of this clause.
Provided also that no increase of the Contract Price under sub-clause (1) of this clause onvariation of rate or price under sub-clause (2) of this clause shall be made unless as
soonafter that date of the order as is practicable and in the case of extra or additional work before the commencement of the work or as soon thereafter as is practicable
notice shallhave been given in writing.
(a) by the Contractor to the Engineer of his intention to claim extra payment or a variedrate or.
(b) by the Engineer to the Contractor of his intention to vary a rate or price as the casemay be.
53.3 CLAIMS:
The Contractor shall send to the Engineer's representative once in every month an account giving particulars (as full and detailed as possible) of all claims for any
additional expenses to which the Contractor may consider himself entitled and of all extra or additional work ordered by the Engineer which he has executed during the
preceding month and no claim for payment for any such work will be considered which has not been included in such particulars. Provided always that the Engineer,
shall be entitled to authorise payment to be made for any such work notwithstanding the Contractor's failure to comply with this condition, if the contractor has at the
earliest practicable opportunity notified the Engineer that he intends to make a claim for such work.
54.1 If the specification or estimate of the work provides for use of any special description of materials to be supplied from the Engineer's store, or if it is required that the
Contractor shall use certain stores to be provided by the Engineer (such materials and stores, and Plants and the prices to be charged therefore, as here-in-after
mentioned being so far as practicable for the convenience of the Contractor but not so as in any way to control the meaning or effect of this contract specified in the
schedule or memorandum hereto annexed), the Contractor shall be supplied with such materials and stores as required from time to time to be used by him for the
purposes of the contract only, this being calculated out from specifications, drawing etc. and the value of the full quantity of materials and stores so supplied at the rates
specified in the said schedule or memorandum may be setoff or deducted from any sums then due, or thereafter to become due to the Contractor under the contract, or
otherwise, or against or from the security deposit or the proceeds of sale there of if the same is held in Government securities, the same or a sufficient portion there of
being in this case to fulfil the purpose. All materials supplied to the Contractor shall remain in the absolute property of Employer and shall not on any account be
removed from the site of the work and shall at all times be open to inspection by the Engineer.
Any such materials unused and in perfectly good condition at the time of the completion of determination of the contract shall be returned to the Engineer store. If by a
notice in writing under his hand he shall so require but the Contractor shall not be entitled to returnany such materials unless with such consent and shall have no claim
for compensation on account of any such materials so supplied to him as aforesaid during being unused byhim or for any wastage in or damages to any such materials.
54.2 MATERIALS OBTAINED FROM DISMANTLEMENT & EXCAVATION ETC: Contractors in the course of their works, should understand that all material (e.g. store
and other materials obtained in the work of dismantling, excavation, etc. will be considered Employer's property) and issued to the Contractor (if they require the
same for their ownuse) at rates approved by him. If these materials are not required by them they will bedisposed off to the best advantage of Employer.
MEASUREMENT
56.0 QUANTITIES:
(a) In case the mode of measurement is not covered by the said Indian Standard for a particular item, the method of measurement shall be as per CPWD specificationsfor
that item only.
(b) Wherever a particular mode of measurement is specified in the description of the item in the tender schedule/special conditions, the same shall only apply.
(c) In case of dispute regarding mode of measurement, the decision of the Engineer shall be final and binding on the Contractor.
59.1.1 100% payment against bills for the work done (Subject to the required deductions) shall be made to the Contractor based on detailed measurements and certification of
bills by the Engineer.
59.1.2 ON ACCOUNT PAYMENT: Bills shall be prepared and submitted by the Contractor. Joint measurements shall be taken continuously and need not be connected with
billing stage. Based on these joint measurements recorded in the register, the Contractor shall submit the bills in both soft and hard copies (three copies) in the prescribed
format along with thedetailed measurements item wise. All the pages of the measurement sheets shall be serially machine numbered and signed by the Contractor. The
bills along with measurement sheet shall be computer generated and also suitably programmed for effecting the necessary corrections easily. The bills shall be
accompanied with necessary documents such as abstract of quantities, variation statements, reconciliation of materials, part rate statements indicating the extent of work
done, statement of secured advance claimed and fulfilling other statutory obligations such as ESI / PF / Insurance / labour licence etc. Payment against bills for
the work done (Subject to necessary deductions) willbe made after the verification and certification by the Engineer of the bill submitted by theContractor.
59.1.3 COMPLETION CERTIFICATE: The Works shall be deemed to have been completed in all respects on the day the Engineer certifies that the works have been so
completed in accordance with this Contract, takes over the completed Works and issues a certificate tothat effect. The Defect Liability Period will start from the said date
of completion / handingover of the work.
59.1.4 FINAL PAYMENTS: Based on the measurement of Work performed, the Contractor shall submit his final bill for the Works within 3 months of completion of work. The
bill shall be based only on Works as measured and at accepted tender rates including rates for any additional or extra work which might have been approved by the
Company. All deductionsdue under the Contract shall be incorporated. The final bill shall be accompanied by:
A) A copy of the Completion Certificate issued by the Engineer.
B) No Claim Certificate” in the prescribed form or a list of claims if any, not included in the final bill with full details.
The Engineer shall examine and certify the final bill for payment after satisfying that the Works have been satisfactorily completed and that all properties, works and
things removed or disturbed or damaged in consequence of the Work have been properly replaced and made good and all expenses and demands incurred or made by
or on the Company or in respect of any damage or loss by, from or consequence of the Works havebeen satisfied, all materials have been returned and the site cleared.
Invoice must contain Contractor’s GST Registration number, PAN, Bank detail of Contractor, GST Registration number of IREL Factory/ Office, HSN/SAC Code for
servicerendered.
59.5 SET-OFF:
(a) Any sum of money due and payable to the Contractor (including security deposit returnable to him) may be appropriated/ retained/ withheld and/or set off by the
Employer or Government against any claim of the Employer or Government or such other person or persons for the payment of a sum of money arising out of or under
this contract or other contracts made by Contractor with the employer or Govt. or such other person or persons.
(b) The Employer will be at liberty to recoup any damage/loss suffered as a result of any action on the part of the Contractor.
If as a result of such audit and technical examination any over payment is discovered in respect of any work done by the Contractor under the contract, the Company
from the Contractor shall recover it, or if any under payment is discovered, the amount shall be dulypaid to the Contractor by the Company.
63.1 The EMPLOYER and the CONTRACTOR shall make every effort to resolve amicably by direct informal, good faith negotiations any disagreement or dispute arising
between themunder or in connection with the Contract.
63.2 If, after thirty days from the commencement of such informal, good faith negotiations, the EMPLOYER and the CONTRACTOR have been unable to resolve the
disagreement or dispute, the same shall be referred for resolution as per the formal mechanism as specifiedhereunder shall be applicable.
63.3 LEGAL CONSTRUCTION: The Contract shall be, in all respects be construed and operated as an Indian Contract and in accordance with Indian Laws as in force for the
timebeing.
63.4 ARBITRATION:
a) All disputes and differences of any kind whatsoever arising out of or in connection with the contract or carrying out of the works (whether during the course of works or
after their completion and whether before or after determination, abandonment or breach of contract) shall be referred to and settled by the person authorized and
notified in writing by IREL who shall state his decision in writing. Such a decision may be in the form of a final certificate or otherwise and shall be made within a
period of 30 days from the date ofreceipt of such reference to them.
b) If the CONTRACTOR is dissatisfied with the decision of such authorized person, then he may within 30 days of receipt of such decision send a written appeal to
PURCHASER, represented by the Chairman and Managing Director at the registered office, Mumbai forthe same to be referred to Arbitration by a Sole Arbitrator to be
appointed by mutual consent and after due approval of CMD, IREL. The Arbitration proceedings shall be conducted as per the provisions of the Arbitration and
Conciliation Act, 1996. It is made clear that this Arbitration Clause shall be applicable to any and all disputes and differences between the Parties arising out of and/or
relating to this CONTRACT and theParties shall be bound to refer the same to arbitration in accordance with the procedure contemplated herein.
c) If the period of 30 days under Clause (b) has expired at any stage, stipulated in the preceding paras without any response from the CONTRACTOR before such expiry,
the CONTRACTOR is deemed to have communicated his satisfaction to the decision of IRELat the relevant stage and all his rights of further appeal or as the case may be,
adjudicationare deemed to have been waived once and for all.
d) The seat of arbitration will be at Mumbai and the language thereof shallbe English.
e) Notwithstanding the invocation, commencement and/or pendency any dispute resolution proceedings under this Clause 63 including arbitration under Clause 63.4, the
CONTRACTOR shall continue to be bound by the provisions of the CONTRACT, if not terminated by the EMPLOYER, and shall be obligated to discharge its
obligations under the CONTRACT including continuation of the WORK under the CONTRACT.
f) The CONTRACTOR shall not in any way delay or default or cause to delay or default thecarrying out of the works by reason of the fact that any matter has been agreed
to be referred to and / or referred to dispute resolution under Clause 63 including Arbitration under Clause 63.4.
64.1.1 Throughout the execution of the WORK, the CONTRACTOR shall comply with the requirements of all applicable laws and regulations, bye-laws or orders made there
under and to the requirements of public, municipal and other authorities in any way affecting or applicable to the work. IREL shall, when requested by the
CONTRACTOR, give all reasonable assistance to the CONTRACTOR in obtaining information concerning local conditions.
64.1.2 Before making any departure from the specification or drawings which may be necessary to conform to such requirements, the CONTRACTOR shall give the IREL
written notice specifying the departure proposed to be made and the reason for making it and applying for instructions thereon. If the CONTRACTOR does not receive
such instructions within thirty (30) days, he shall conform to those requirements and inform the IREL accordingly.
64.1.3 The Contractor shall remain liable for the payments of all wages or other money to his employees or labourers under the Minimum Wages Act, Payment of Wages Act,
Employees Liability Act, Workmen's Compensation Act, PF and ESI Act or any other enactments and rules made applicable from time to time. The Contractor shall also
comply with the provisions of the Apprenticeship Act, Contract Labour Regulation and Abolition) Act and the Rules and Orders issued there under from time to time.
The Contractor shall be liable to pay the wages directly to the workmen employed by him on the Works.
64.1.4 It is obligatory on the part of the Contractor to forward the declaration forms to the ESI authorities for issue of ESIC numbers, make timely contribution towards ESI and
PF in accordance with the provisions of relevant acts from time to time in respect of labour engaged by him for all the works executed in the Company. The Contractor
should contactthe jurisdictional ESI and PF authorities and ensure to observe all formalities such as maintenance of muster rolls, opening of identification cards, making
remittance etc. The Contractors / firms / establishments shall remit the PF and ESI contributions in their respective codes. However, in such cases, copies of muster roll,
wage register, ESI / PF remittance, copies of the returns shall be furnished to the Engineer for verification and records while preferring bills.
64.1.5 The Contractor shall ensure compliance of any other laws, bye-laws, Acts. Statues, Rules & Regulations framed there under as appreciable in relation to its
employees/workmen and establishments in mandatorily, even though not explicitly mentioned here. It shall be the responsibility of the Contractor to get itself
acquainted about them adequately.
65.2 SUSPENSION:
65.2.1 IREL may suspend the Works in whole or in part at any time by giving the CONTRACTORa notice in writing, if the CONTRACTOR shall be in breach of this Contract or
shall fail toperform any of its obligations under this Contract, including the carrying out of the Works;provided that such notice of suspension (i) shall specify the nature of
the breach or failure, and (ii) shall provide an opportunity to the CONTRACTOR to remedy such breach or failure within a period not exceeding 30 (thirty) days
after receipt by the CONTRACTOR of such notice of suspension.
65.2.2 On receiving the notice of suspension from IREL, the CONTRACTOR shall stop all such work, which IREL has directed to be suspended with immediate effect. IREL
may at any time cancel the suspension notice for all or any part of suspended work by giving written notice to the CONTRACTOR specifying the part of work to be
resumed and the effective date of suspension withdrawal. The CONTRACTOR shall resume the suspended work on immediately upon receipt of such withdrawal of
suspension notice. In the event ofsuspension of work, IREL shall not be liable to the CONTRACTOR for any damage and loss.
65.3.2 IREL will not pay the CONTRACTOR for any work, which is performed during such an interval of suspension, and IREL shall not be liable to the CONTRACTOR for any
damagesor loss caused by such suspension of work.
a. the CONTRACTOR fails to remedy any breach hereof or any failure in the performance of its obligations hereunder, as specified in a notice of suspension pursuant to
Sub-clause
65.2 hereinabove, within 30 (thirty) days of receipt of such notice of suspension or withinsuch further period as IREL may have subsequently granted in writing;
b. The CONTRACTOR fails to commence the Works;
c. The CONTRACTOR fails to ensure that Works Completion Date of the Plant is achieved as per schedule mentioned in the contract/ agreement;
d. Any representation made or warranties given by the CONTRACTOR under this Contract is found to be false or misleading;
e. The transfer, pursuant to law of either (a) the rights and/or obligations of the CONTRACTOR under the Contract, or (b) all or material part of the CONTRACTOR;
except where such transfer in the reasonable opinion of IREL does not affect the ability of the CONTRACTOR to perform, and the CONTRACTOR has the financial and
technical capability to perform. its material obligations under the Contract;
f. The CONTRACTOR suspends or abandons the Works without prior consent of IREL, provided that the CONTRACTOR shall be deemed not to have suspended/
abandoned operation if such suspension/ abandonment was (i) as a result of Force Majeure Event and is only for the period such Force Majeure is continuing, or (ii) is on
account of a breachof its obligations under the Contract by IREL;
g. the CONTRACTOR becomes insolvent or bankrupt or enters into any agreement with its creditors for relief of debt or take advantage of any law for the benefit of
debtors or goes into liquidation or receivership whether compulsory or voluntary;
h. the CONTRACTOR fails to comply with any final decision reached as a result of arbitrationproceedings pursuant to Clause 63 hereof;
i. the CONTRACTOR submits to IREL a statement which has a material effect on the rights,obligations or interests of IREL and which the CONTRACTOR knows to be false;
j. any document, information, data or statement submitted by the CONTRACTOR in its Bid, based on which the CONTRACTOR was considered eligible or successful, is
found to befalse, incorrect or misleading; or
k. The CONTRACTOR repudiates the Contract or otherwise evidences an intention not to be bound by the Contract.
a. IREL is in breach of the Contract and has failed to cure such breach within sixty (60) daysof receipt of notice in that behalf from the CONTRACTOR;
65.5.1 In case of an event of default, the following recourse is available to IREL and the CONTRACTOR or both as the situation may warrant:
a. In case of occurrence of Event of Default mentioned in Sub-clause a and Sub-clause b ofClause 65.4.1, the CONTRACTOR shall have an option to ask for extension from
IREL specifying the conditions that have restricted the CONTRACTOR to complete the tasks instipulated time. However, IREL’s decision on said matter shall stand final as
the case maybe;
b. In case of occurrence of any other Event of Default in Clause 65.4.1, IREL shall be entitledto terminate this CONTRACT as per Clause 65.6 herein.
c. In case of occurrence of Event of Default mentioned in Sub-clause 65.4.2, the CONTRACTOR shall have an option to seek Termination of this Contract. In seeking the
Termination of the Contract, CONTRACTOR would have to clearly demonstrate that the Event of Default has occurred despite all possible steps taken by CONTRACTOR
to avoidTermination. The Parties shall mutually decide the modalities of Termination.
65.6.1 Without prejudice to any other right or remedy which IREL may have in respect thereof under the Contract, upon the occurrence of an CONTRACTOR Event of
Default, IREL shall be entitled to terminate the Contract by issuing a Termination Notice (the “Termination Notice”) to the CONTRACTOR, provided that before
issuing the Termination Notice, IREL shall by a notice in writing inform the CONTRACTOR of its intention to issue the Termination Notice (the "Preliminary Notice").
In case the underlying breach/default is not resolved within a period of sixty (60) days from the date of the Preliminary Notice, IREL shall be entitled, to terminate the
Contract by issuing the Termination Notice.
65.6.2 Upon termination of the Contract by notice of either Party to the other pursuant to Sub- clauses 65.5.1 b or 65.5.1 c hereof, the CONTRACTOR shall, immediately upon
dispatch or receipt of such notice, take all necessary steps to bring the Works to a close in a prompt and orderly manner and shall make every reasonable effort to keep
expenditures for this purpose to a minimum.
65.7.1 Upon termination of this Contract pursuant to Sub-clauses 65.5.1 c hereof, IREL shall make the following payments to the CONTRACTOR (after offsetting against these
payments any amount that may be due from the CONTRACTOR to IREL):
Remuneration pursuant to Schedule of rates hereof for Works satisfactorily performed prior to the date of termination;
67.2 Further, the competent authority may blacklist the bidder, if the bidder changes bid either techno-commercial and / or price or withdraw his bid after receipt of the same
and duringthe validity period of bid.
67.3 Further, the vendor (CONTRACTOR) shall be banned from doing any business with IRELin case of :
67.4 An order for ban/ suspension passed for a certain specified period shall be deemed to have been automatically revoked on expiry of that specified period and it will not
be necessary to issue a specific formal order of revocation, except that an order of suspension/ban passed on account of doubtful loyalty or security consideration shall
continue to remain in force until it is specifically revoked.
67.5 An order of ban on grounds of conviction by Court of Law may be revoked if, in respect ofthe same facts, the accused has been wholly acquitted by a court of law.
68.0 SECRECY
The CONTRACTOR shall not at any time during the pendency of the contract or there after disclose any information furnished to them by IREL or any drawings, designs,
reportsand other documents and information prepared by the Contractor for this contract, withoutthe prior written approval of IREL except in so far as such disclosure is
necessary for theperformance of the Contractor’s work and service hereunder.
69.0 LABOUR:
a) In respect of all labour directly or indirectly employed by the Contractor, Labour Rules, on the work, it shall be the bounden duty of the Contractor to abide by and to
strictly comply with all labour legislations, as may be applicable, enacted by theparliament or by the State Legislature and the rules/regulations framed thereunderby the
Central or State Government or Local Authorities providing for the conditions of employment protection of health, Sanitary arrangements, wages, provident fund,
gratuity, welfare, and safety of workmen. These rules and statutory obligations shall be deemed to be part of the Contract. Instructions issued by the Employer in this
behalf from time to time shall be equally binding on the contractor& the Contractor shall observe them stringently.
(b) In the event of the Contractor failing to discharge his obligations imposed upon him by or under any statute as aforesaid, the employer shall be entitled to rescind the
Contract.at the sole risk and cost of the Contractor and/or recover from him the amount of loss sustained by the Employer.
(c) It is advisable for the Contractor to properly and fully acquaint himself with all the legislations as applicable to his workmen and the work under this contract or in
connection herewith, so as to preclude the possibility of infringement and noncompliance thereof and to make it easy for him to observe clause 69 without any
deviation.
(d) The Contractor shall maintain records, registers in respect of workers employed by him as required under various statutes and or prescribed by the Employer, shallissue
attendance cards to each worker and shall produce the same for inspection on demand to the authorities under statutes or to the authorised representatives of the
Employer.
(e) All payments of whatever nature to be made by the Contractor to his workmen shall be made in the presence of an authorised representative of Employer and
Employer's representative shall sign the acquaintance in token of having witnessed the payment, as prescribed under law.
(g) The Contractor shall be entirely responsible for safe and good conduct of his employees during the period of his contract. The Contractor shall also ensure, thatno safety
rules/instructions are violated by him or his workmen. The Contractor shall maintain his machineries and tools for work in safe condition and shall present the same for
checking whenever called by Employer/ his representatives.
(h) It shall be binding on the part of the Contractor to familiarise himself and be governed by all statutes such as Mines Act 1952, Rules and Regulations including
amendments made thereunder, if any, applicable for the work, Indian Electricity Act. 1910 and Indian Electricity Rules 1956 including amendments, if any. applicable
for the work.
(i) The Contractor shall provide and ensure proper use of safety appliances by his workmen throughout the course of their employment.
(j) The Contractor in fulfilment of his statutory obligations imposed by or under variousLabour Laws, will among other things:
i) Arrange to provide cool and wholesome drinking water at appointed place/places near work site. The container of water shall be in hygienic condition.
ii) Implement the Employees Provident Fund Scheme or Produce exemption certificate from Regional Provident Fund Commissioner if they are so exempted Otherwise,
bills for the work will be released withholding 10% from such sums or as decided by the Management from time to time till such time they implement the scheme or
produce exemption certificate from the Regional Provident Fund Commissioner. The Contractors are further required to indemnify Employer against any loss or
damage, whatsoever, that may be suffered by Employer as a result of any claim. damage or penalties for any failure or non-compliance on their(Contractor's) part with
the provisions of the aforesaid Act and Scheme framed thereunder.
(k) The Contractor shall arrange to get his workmen trained under Mines Vocational Rules-1966 at the Training Department of the Company and shall pay all statutory
allowances for such training to his workmen under training. The Contractor shall ensure the proper use of safety appliances by his workmen throughout the course of
their employment.
Notwithstanding the provisions in the CONTRACT, the CONTRACTOR shall not be responsible for any loss or damage to the PLANT or any part thereof if and to the
extent that such loss or damage is not covered by insurance coverage such as War risk, providedthe same is general exclusion of the policy of the EAR insurance. War Risks
shall mean any of the following events occurring within India: War, hostilities, warlike operations (whether a state of war be declared or not), invasion, act of foreign
enemy, civil war, rebellion, terrorism, revolution, insurrection, mutiny, usurpation of civil or military government, conspiracy, riot, civil commotion, mine, bomb, shell,
grenade or otherprojectile, missile, munitions or explosive of war.
76.2 The CONTRACTOR shall indemnify the IREL in respect of all damage or injury to any person or to any property (other than property forming part of the Work) and
against all actions, suits, claims, demands, costs, charges and expenses arising in connection therewith which shall have been occasioned by the negligence of the
CONTRACTOR or any SUB-CONTRACTOR, or by defective design (other than a design made, furnished or specified by the IREL and which the CONTRACTOR has
disclaimed responsibility in writing within a reasonable time after receipt of the IREL's instructions), material or workmanship, any breach of the CONTRACTOR's
obligations.
Before commencement of the work, the Contractor will give an undertaking in writing that they would abide by the safety Rules and Regulations laid down by the
organisation rigorously and any deviation from this would make them liable for action.
(b) SHUTDOWNS
The contracting department would take necessary shutdowns wherever there are hazards of gases, electricity, moving machinery, etc. The Contractor shall ensure that
the shutdowns/ clearance are taken before sending workers in such locations.
(l) COMPENSATION :
In case of accident or injury or damages caused by the Contractor's vehicle or staff to any person or property, the financial responsibility to compensate be borne solely
by the Contractor and this amount may, at the discretion of the competent authority of IREL, be recovered from the bills or Security or other deposits of the Contractor.
78.0 INSURANCE:
78.1 GENERAL:
CONTRACTOR shall at his own expense arrange, secure and maintain insurance with reputed insurance companies to the satisfaction of the EMPLOYER as follows:
CONTRACTOR at his cost shall arrange, secure and maintain insurance as may be necessary and to its full value for all such amounts to protect the WORKS in progress
fromtime to time and the interest of EMPLOYER against all risks as detailed herein. The formand the limit of such insurance, as defined here in together with the under
works thereof in each case should be as acceptable to the EMPLOYER. However, irrespective of work acceptance the responsibility to maintain adequate insurance
coverage at all times during the period of CONTRACT shall be that of CONTRACTOR alone. CONTRACTOR's failure in this regard shall not relieve him of any of his
responsibilities and obligations under CONTRACT.
Any loss or damage to the equipment, during ocean transportation, port/custom clearance, inland and port handling, inland transportation, storage, erection and
commissioning till such time the WORK is taken over by EMPLOYER, shall be to the account of CONTRACTOR.
CONTRACTOR shall be responsible for preferring of all claims and make good for the damage or loss by way of repairs and/or replacement of the parts of the Work
damaged or lost. CONTRACTOR shall provide the EMPLOYER with a copy of all insurance policies and documents taken out by him in pursuance of the CONTRACT.
Such copies of document shall be submitted to the EMPLOYER immediately upon the CONTRACTOR having taken such insurance coverage. CONTRACTOR shall also
inform the EMPLOYERat least 60(Sixty) days in advance regarding the expiry, cancellation and/or changes in any of such documents and ensure revalidation/renewal
etc., as may be necessary well in time.
Statutory clearances, if any, in respect of foreign supply required for the purpose of replacement of equipment lost in transit and/or during erection, shall be made
available by the EMPLOYER. CONTRACTOR shall, however, be responsible for obtaining requisitelicences, port clearances and other formalities relating to such import.
The risks that are to be covered under the insurance shall include, but not be limited to the loss or damage in handling, transit, theft, pilferage, riot, civil commotion,
weather conditions, accidents of all kinds, fire, war risk (during ocean transportation only) etc. The scope of such insurance shall cover the entire value of supplies of
equipments, plants and materials to be importedfrom time to time.
All costs on account of insurance liabilities covered under CONTRACT will be to CONTRACTOR's account and will be included in VALUE OF CONTRACT. However,
the EMPLOYER may from time to time, during the currency of the CONTRACT, ask the CONTRACTOR in writing to limit the insurance coverage risk and in such a
case, the parties to the CONTRACT will agree for a mutual settlement, for reduction in VALUE OF CONTRACT to the extent of reduced premium amounts.
78.2 CONTRACTOR as far as possible shall cover insurance with Indian InsuranceCompanies, including marine Insurance during ocean transportation.
i) EMPLOYEES’ STATE INSURANCE ACT:
The CONTRACTOR agrees to and does hereby accept full and exclusive liability for the compliance with all obligations imposed by the Employees’ State Insurance Act
1948 and the CONTRACTOR further agrees to defend, indemnify and hold EMPLOYER harmless for any liability or penalty which may be imposed by the Central,
State or Local authority by reason of any asserted violation by CONTRACTOR or SUB-CONTRACTOR of the Employees' State Insurance Act, 1948, and also from all
79.0 General
79.1 In the event that terms and conditions stipulated in the General Conditions of Contract should deviate from terms and conditions stipulated in the Contract, the latter
shall prevail.
After award of the contract, if the tenderer fails to execute the work as per tender or at any time repudiates the order, IREL (India) Limited has the right to forfeit and
invoke the security deposit and execute the order from other agencies at the risk and cost of the tenderer. The cost difference between the alternative arrangements and
total contract value will be recovered from the tenderer along with other incidental charges. In case of execution of order through alternative sources and if price is lower,
no benefit on this account will be passed on to the tenderer.
Dear Sir,
IREL (INDIA) LIMITED, a Government of India undertaking under the administrative control of Department of
Atomic Energy is doing its business as per the rules and regulation of the Public Sector Undertaking and other
statutory agencies. The business is done in an ethical, rational & impartial manner with good corporate
governance.
In our endeavour to be more transparent in our dealings and to support our ideology all Vendors, Customers
and Business Partners are requested not to provide any gift and / or inducement to any of our employees for
securing / being granted favour in dealings with our Company. In assurance of your commitment to the
aforesaid, it will be highly appreciated if you fill up, sign and abide by the attached undertakings.
Report of any gifts and / or inducements sought by any employee of the company should be immediately
reported to any one of the following:
We assure you that complaints if any made by you on the subject will be kept confidential and fair investigation
will be conducted and appropriate action will be taken. Similarly, we except your commitment to the
undertaking and its violation will have consequences as per prevailing rule of the Company.
Thanking you,
Sd/-
Name R. Abel Devadhason
Designation Chief Manager- (Technical (Purchase)
Date:
Not to provide any gift and / or inducement to any employee of the Company in connection with securing /
being granted favour (s) in my / our dealings with the Corporate office of the company and / or its any field
units namely MK, Chavara, OSCOM, RED & IRERC.
To immediately report any gift and / or inducement sought by any employee of the Company granting
favour(s) to me / us in my / our dealings with the Company and / or its field units.
Signature…………………………….
Name………………………………….
Title………………………………….
EMD DECLARATION
Full Address:
Details of payment to be uploaded as attachment during tender submission and the same shall be e-mailed to:
purchase-red@irel.co.in
Name of Work: Providing vinyl flooring and Painting work at Admin Block
The bidder has to quote as per technical specification and requirement of the bid. No deviation is expected.
However, in case of any deviation, the same has to be recorded clearly in the technical deviation statement
form.
The following are the particulars of deviations from the requirements of the Tender specifications.
Dated:
Note:
a. where there is no deviation, the statement should be returned duly signed with an endorsement indicating
‘No deviations’
b. The technical specifications furnished in the Tender document shall prevail over those of any other
document forming a part of our Tender, except only to the extent of deviations furnished in the statement.
DECLARATION – NON-BLACKLISTING
(To be submitted by an Authorized Signatory on the company’s original letter head with signature and seal)
To,
CM -Technical (Purchase)
IREL (India) Limited
R E Division, Udyogamandal – 683 501
KERALA
Sir,
In response to the Bid Ref No.: ______________________ dated ____________ 2024, I/We hereby declare that
presently our agency has not been declared ineligible or black listed for corrupt & fraudulent practices either
indefinitely or for a particular period of time by any State Govt./ Central Govt./PSU/Government of India
Society on the date of bid submission.
If this declaration is found to be incorrect then without prejudice to any other action that may be taken, my/
our bid if any, to the extent accepted may be cancelled.
Thanking you,
Yours faithfully,
Date:
Place:
Tender Title: Providing vinyl flooring and Painting work at Admin Block
Bidder’s Name:
Restrictions on procurement from Bidders from a country or countries, or a class of countries under
Rule 144 (xi) of the General financial Rules 2017.
“I/We have read the clause regarding restrictions on procurement from a bidder of a country which shares
a land border with India: and solemnly certify that we are not from such a country or, if from such a
country, has been registered with the Competent Authority. I hereby certify that this bidder fulfills all
requirements in this regard and is eligible to be considered.
We hereby confirm that the particulars given above are factually correct and nothing is concealed and also
undertake to advise any future changes to the above details. We understood that any wrong or misleading
self-declaration by us would be violation of Code of integrity and would attract penalties as mentioned in
this tender document, including debarment.
1. NAME :
2. ADDRESS :
3. E-MAIL/ MOBILE :
4. P.F. CODE NO :
5. INSURANCE DETAILS :
Labour License No. Address of Licensing License Issuance Date of Maximum No. of
Office Authority Expiry Lamoure’s as per
License
SIGNATURE OF CONTRACTOR
Address Type
2 (Sales office address / Office Address /
warehouse Address / Factory Address)
Building /House Number
Area/Street Name
City
State
Pin Code
Ph No:
Contact Details Mobile No.
Email:
3 Vendor Type ( Domestic / Import)
Ownership Information (Private Limited
4 Company/ One Person Company/ Limited
Liability Partnership/ Partnership Firm /
Proprietorship/ Co-Operative Society/ Trust/
Others).
Whether Approved By Any Central
Government/State Government/ Public
5 Sector Undertakings /Reputed Private
Organisations for similar items, for which
registration is sought.
6 PAN No. Copy of the same may be
7 GSTIN ID attached.
8 Audited copies of P&L for the last three FY
Valid MSE Udyam registration certificate, if Yes
9 No
any.
10 MSE ownership details.
11 ISO Certification if any
12 Registered in GEM Portal Yes No
MSE to confirm if they are registered from
13 Yes No
TReDs platform
Whether supplier/Service Provider is a Start-
14
Up Enterprise. If yes provide the details.
Whether she Company is under
Yes No
15 Litigation/Arbitration cases during last 5
years?
Whether company has been Yes No
16
delisted/debarred from business with any
17 Bank Details
Name of bank:
Name of Bank Branch:
City/Place:
Account Number:
Account Type:
IFSC Code:
MICR Code:
Swift Code
Self-attested or Bank attested Bank details on
Company letterhead or cancelled cheque
Current year Solvency Certificate
In accordance with Notice Inviting Tender (NIT) No.__________ Dated ________ for the work of ___________
(herein after referred to as “the said Works”) for Rs._______________ (Rupees___________ only), under ______
RED unit of M/s IREL(India) Limited, a company incorporated under Indian Companies Act, having its
registered office at Plot No.1207, ECIL building, Opp. to Siddhivinayak Temple, Veer Savarkar Marg,
Prabhadevi, Mumbai–400028, India (herein after referred to as IREL (India) Limited, M/s _________________
Address ________________________ [Herein after referred to as Contractor (s)] wish /wishes to participate in
the said tender and a Bank Guarantee for the sum of Rs.______________ (in words) valid for a period of
_________ days (in words) is required to be submitted by the Bidder towards the Bid Security.
We the ______________________________Bank (hereinafter called the said Bank) do hereby undertake to pay to
IREL (India) Limited, the sum of Rs. ____________ (Rupees ________________ only) by reason of the said
tenderer’s failure to enter into an agreement of contract on intimation of acceptance of his tender and/or to
commence the contract works and/or failure to deposit the security deposit within the stipulated period as per
the terms and conditions relating to and/or governing the contract and/or specified in the Notice Inviting
Tender (NIT). We also agree that any such demand made on the Bank shall be conclusive as regards the
amount due and payable by the Bank under this Guarantee. We also agree that notwithstanding any dispute or
difference or any litigation in respect of or arising from the said contract and/or the acceptance of the tender of
the tenderer afore stated by IREL(India) Limited including the question as to the tenability of the claim of the
IREL(India) Limited for forfeiting the Earnest Money being the Bank Guarantee herein, we shall forthwith pay
the said amount to IREL(India) Limited on demand being made as aforesaid.
We ________________ Bank further agree that the guarantee herein contained shall remain in full force and
effect during the period that would be taken for entering into an Agreement of contract and that it shall
continue to be enforceable till all the dues of the IREL(India) Limited under the terms and conditions of the NIT
for the work have been fully paid and its claims satisfied or discharged or till IREL(India) Limited certifies, that
the terms and conditions of the NIT have been fully and properly carried out by the said tenderer and
accordingly discharges the guarantee.
We _____________________ Bank further agree with the IREL(India) Limited that the IREL(India) Limited 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 NIT and/or terms and conditions governing the contract or to
extend the time of validity of the offer from the said tenderer from time to time or to postpone for any time or
from time to time any of the powers exercisable by the IREL against the said tenderer and to forbear or enforce
any of the terms and conditions of the NIT and we shall not be relieved from our liability hereunder by reason
of any such variation, or extension being granted to the said tenderer or for any forbearance, act or omission on
the part of the IREL(India) Limited or any indulgence by the IREL(India) Limited to the said tenderer or by any
We _______________________Bank do hereby further agree that any change in the Constitution of the said
tenderer or the Bank will not affect the validity of this guarantee.
We ______________________ Bank lastly undertake not to revoke this guarantee during its currency except with
the previous consent of the IREL (India) Limited in writing.
________________Bank
(Signature with name in Block letters with designation, Attorney as per power of Attorney No._____dt. _____)