Tender
Tender
Tender
e-Tender Document
Name of work: Special repair to internal road with cement concrete
pavement along with RCC drain and RWHS (02 Nos.) at
FSD Jandiala guru under district Amritsar.
Certified that this Draft N.I.T contains pages 1 to 112 & S.O.Q pages 5 only and is prepared for Rs
7,05,52,753.00 (Seven crore five lakh fifty two thousand seven hundred fifty three only).
A TECHNICAL BID
1. Schedule Of Quantities 1 4
The Assistant General Manager (CE), Regional Office (Punjab), Chandigarh invites on behalf of Food Corporation
of India online Percentage / two bid system tenders at https:// eprocure.gov.in/eprocure/app for following work.
S.No. Name of work Estimated cost Earnest Money Period of Last time and date of
Completi Submission of bid
on
1 Special repair to internal road Rs. 7,05,52,753/- Rs. 14,11,500/- 180 upto 03:00 PM on dt
days 29.06.2024
with cement concrete
pavement along with RCC
drain and RWHS (02 Nos.) at
FSD Jandiala guru under
district Amritsar.
The bid forms and other details can be obtained from the website www.eprocure.nic.in.
* Appropriate class means registration limit must be equal or more than estimated cost put
to t e n d e r
* *Similar works definition according to table below:
No Scope of work Definition of similar work
Providing and laying of CC Road works. However, in these works The prospective bidder should have completed similar works
the value of CC Road work component in each work should not be related to "building and road works" as per scope of work.
1 less than the amount equal to 40% of the Estimated Cost Put to
Tender (ECPT) in case of three works, 60% of ECPT in case of two
works, 80% of ECPT in case of one work
Providing and laying profile sheet for roofing of godown The prospective bidder should have completed similar works
2
related to "building works" as per scope of work.
Misc. Civil works under ARMO/ MCW heads for repair and The prospective bidder should have completed works related
3 maintenance of godown/building. to general Civil repair and maintenance work in godown/
building as per scope of work
Construction of boundary wall The prospective bidder should have completed similar works
4 related to "boundary wall" and similar kind of building and
civil works.
Construction of DO/RO/ZO or other misc works under Capital The prospective bidder should have completed similar works
5 Head related to only construction of building work as per scope of
work.
1. The intending bidder must read the terms and condition of CE-6 carefully. He should only
submit his bid if he considers himself eligible and he is in possession of all the document
required.
2. Information and Instructions for bidders posted on website shall form of bid document.
3. The bid document consisting of plans, specifications, the schedule of the quantities of
various types of items to be executed and the set of terms and conditions of the contract to
be complied with and other necessary documents can be seen and downloaded from
website www.eprocure.nic.in. https://eprocure.gov.in/eprocure/app free of cost.
4. But the bid can only be submitted online after uploading the mandatory scanned documents of
original payment instrument of NEFT/RTGS and other documents as specified in Annexure-I.
Submission of Tender
The tender shall be submitted online in one part, viz., technical bid and price bid.
ANNEXURE-I
TECHNICAL BID
The following documents are to be scanned and uploaded within the period of bid
submission furnished by the Contractor along with Technical Bid as per the tender document:
ii) Copy of valid registration certificate of appropriate value issued by any Organization as
Specified in Tender Notice.
iii) Copies of Registration certificate under Indian Partnership Act in case of
Partnership Firm/ Company Incorporation certificate in case of Ltd.
Company/Affidavit in case of proprietary firm along with power of attorney and
other documents as per the conditions stipulated in para 2/pg.16 under the General
Rules & directions for the guidance of contractors in the tender document. {In case
of partnership firm bidder has to submit registration certificate under Indian
Partnership Act issued by Registrar of Firms in respect of partnership firm (FORM
A & FORM C Both) Deed of Partnership, power of attorney duly executed on a
non-judicial stamp paper of appropriate value duly Registered / Notarised. If
period of validity of Power of attorney is not specified therein, an affidavit from
the firm stating that Power of attorney valid on the date of tender submission}
1. Online Percentage Rate Tenders are invited on behalf of the Food Corporation of India
for Special repair to internal road with cement concrete pavement along with RCC
drain and RWHS (02 Nos.) at FSD Jandiala guru under district Amritsar.
2. Estimated cost of Rs 7,05,52,753.00 (Seven crore five lakh fifty two thousand seven
hundred fifty three only).
4. After submission of the bid the contractor can re-submit revised bid any number of
times online but before last time and date of submission of bid as notified (However,
if this feature is enabled/configured).
5. While submitting the revised bid, contractor can revise the rate online of one or more
item (s) any number of time (he need not to re-enter rate of all the items) but prior to
last time and date of submission of bid as notified.
The contractor who wish to participate in the bid has also to make following payments
in the form of NEFT/RTGS and proof of NEFT/RTGS to be also scanned and uploaded
to the e-Tendering website within the period of bid submission:
(i) Cost of Bid Document-Rs. 00/- through NEFT/RTGS, Copy of enlistment Order and
certificate of work experience and other documents as specified in the press notice
shall be scanned and uploaded to the e-Tendering website within the period of bid
submission.
6. Tenders will be submitted online at https://eprocure.gov.in/eprocure/app on or
before bid submission closing date & time and opened online a t 0 4 : 0 0 p m on
01.07.2024. The time allowed for carrying out the work will be reckoned from the
15th day after the date of written order to commence the work.
7. The bid submitted shall become invalid and cost of bid shall not be refunded if:
(i) The bidder is found ineligible.
(ii) The bidder does not upload all the documents as per Annexure I & II as stipulated
in the bid document.
(iii) If any discrepancy is noticed between the documents as uploaded at the time of
submission of bid document and certified hard copies of all uploaded documents
as submitted physically by the lowest tenderer (L-1) in the office of tender
opening authority within a week from the date of intimation. FCI will intimate
9. When a contractor sign a Tender in an Indian language, the percentage above or below and the
Tendered amount and / or the total Tendered amount should be written in the same language. In the
case of illiterate contractor’s the rate or the amount Tendered should be attested by a witness.
(a) In case of Percentage Rate Tender, the contractors are required to quote their rate both in
amount as well as in percentage below/above the rates entered in the Schedule. In such cases in the
event of arithmetical error committed in working out amount by the contractor the Tender
Percentage and not the amount should be taken into account
10. Each tender must be accompanied by an Earnest Money @ 2 % Value of contract amounting
Rs. 14,11,500/- in the form of NEFT/RTGS in favour of the FCI. Earnest money in the form of
NEFT/RTGS shall be scanned and uploaded to the e- tendering website within the period of bid
submission. The tenderer shall be permitted to bid on the express condition that in case he resiles,
revise or modifies his offer, or terms & conditions thereof, after last date & time of submission of
tender, for any reason whatsoever during the tender process, or any of the information furnished by
him/her is found to be incorrect or false, the Earnest Money Deposited by him shall stand forfeited,
without prejudice to any other rights and remedies of the Corporation under the contract and Law,
and the Tenderer will be liable for any loss suffered by the Corporation on account of its
withdrawal/modification etc. besides forfeiture of EMD. He will also be debarred from participating in
any other Tender Enquiry with FCI for a period of five years.
11. The successful Tenderer has to deposit an amount equal to @ 5% of the Tendered and
accepted value of the work (without any limit) as Performance Guarantee in the form of:
(i) Cash in case of guarantee amount is less than Rs. 10,000/- (Rupees ten thousand
only)
(ii) Deposit of Call Receipt/Banker’s cheque/Demand Draft/Pay Order of Scheduled
Bank in case the guarantee amount is less than Rs.1 lac (Rupees One lakh)
(iii) An Irrevocable Bank Guarantee bond of any Scheduled Bank or State Bank of India or
its associate Banks in the prescribed Form in case the guarantee amount is more
than Rs 1 lac(Rs. One Lakh)
1. a) The BG issuing Bank shall send cover for BG issued, SFMS platform to the FCI Bank i.e.
i) MT760 COV for issuance of bank guarantee
ii) MT767 COV for amendment of bank guarantee.
iii) Issuing bank shall mention FC beneficiary Office code in field 7037 of MT760COV/ MT767COV code
will be “FCINF11” where
iv) FCI beneficiary code will be "FCINF11" where NF11 is four digit FAP unit code of respective office
of FCI.
(b) The bidder shall submit the copy of SFMS message as sent by the issuing bank branch with the original
Bank Guarantee.
(c) BG submitted without these details shall not be accepted
2. Performa of BG should also be amended to include the following message:” Cov message for this BG has
been sent to FCI bankers ie ICICI Bank Ltd., C.P., New Delhi. FSC Code ICICI0000007 through SFMS”
The time allowed for submission of the Performance Guarantee by the contractor shall be 7
Days of issue of the Letter of Acceptance. This period can be further extended, if required by the
Engineer-in-Charge for a maximum period ranging from 3 to 7 days at the
15. On acceptance of the Tender, the name of the accredited Representative(s) of the
contractor who would be responsible for taking instruction from the Engineer-in-Charge shall
be communicated to the Engineer-in-Charge.
16. Special care should be taken to write the rates in figures as well as in words and the
amount in figures only, in such a way that interpolation is not possible. The total amount
should be written both in figures and the words. In case of figures, the words ‘Rs’ should be
written before the figures and the words. In case of figures, the word ‘Rs’ should be written
before the figures of rupees and word ‘P’ after the decimal figures e.g. ‘Rs.2.15 P, and in case
of words, the word ‘Rupees’ should precede and the word ‘Paisa’ should be written at the end.
Unless the rate is in whole rupees and followed by the word ‘only’ it should invariably be up
to two decimal places.
17. The Food Corporation of India does not bind itself to accept the Lowest or any Tender
and reserves to itself the right of accepting the whole or any part of Tender and the Tenderer
shall be bound to perform the same at the rates quoted.
18. DELETED
REGISTRATION
1) Bidders are required to enroll on the e-Procurement module of the Central Public
Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the
link “Click here to Enroll” on the CPP Portal is free of charge.
2) As part of the enrolment process, the bidders will be required to choose a unique
username and assign a password for their accounts.
3) Bidders are advised to register their valid email address and mobile numbers as part
of the registration process. These would be used for any communication from the
CPP Portal.
4) Upon enrolment, the bidders will be required to register their valid Digital Signature
Certificate (Class II or Class III Certificates with signing key usage) issued by any
Certifying Authority recognized by CCA India (e.g. Sify / TCS / nCode / eMudhra etc.),
with their profile.
5) Only one valid DSC should be registered by a bidder. Please note that the bidders are
responsible to ensure that they do not lend their DSC’s to others which may lead to
misuse.
6) Bidder then logs in to the site through the secured log-in by entering their user ID /
password and the password of the DSC / e-Token.
SEARCHING FOR TENDER DOCUMENTS
1) There are various search options built in the CPP Portal, to facilitate bidders to search
active tenders by several parameters. These parameters could include Tender ID,
organization name, location, date, value, etc. There is also an option of advanced
search for tenders, wherein the bidders may combine a number of search
parameters such as organization name, form of contract, location, date, other
keywords etc. to search for a tender published on the CPP Portal.
2) Once the bidders have selected the tenders they are interested in, they may
download the required documents / tender schedules. These tenders can be moved
to the respective ‘My Tenders’ folder. This would enable the CPP Portal to intimate
the bidders through SMS / e-mail in case there is any corrigendum issued to the
tender document.
5) The server time (which is displayed on the bidders’ dashboard) will be considered as
the standard time for referencing the deadlines for submission of the bids by the
bidders, opening of bids etc. The bidders should follow this time during bid
submission.
6) All the documents being submitted by the bidders would be encrypted using PKI
encryption techniques to ensure the secrecy of the data. The data entered cannot be
viewed by unauthorized persons until the time of bid opening. The confidentiality of
the bids is maintained using the secured Socket Layer 128-bit encryption technology.
Data storage encryption of sensitive fields is done.
7) The uploaded tender documents become readable only after the tender opening by
the authorized bid openers.
8) Upon the successful and timely submission of bids, the portal will give a successful
bid submission message & a bid summary will be displayed with the bid no. and the
date & time of submission of the bid with all other relevant details.
9) The bid summary has to be printed and kept as an acknowledgement of the
submission of the bid. This acknowledgement may be used as an entry pass for any
bid opening meetings.
ASSISTANCE TO BIDDERS
1) Any queries relating to the tender document and the terms and conditions contained
therein should be addressed to the Tender Inviting Authority for a tender or the
relevant contact person indicated in the tender.
2) Any queries relating to the process of online bid submission or queries relating to
CPP Portal in general may be directed to the 24x7 CPP Portal Helpdesk. The contact
number for the helpdesk is 1800 233 7315.
To,
Dear Sir,
1. I/ We have downloaded / obtained the tender document(s) for the above mentioned
‘Tender/Work’ from the web site(s) namely:
2. I / We hereby certify that I / we have read the entire terms and conditions of the tender documents
from Page No. 1 to 117 (including all documents like annexure(s), schedule(s), etc .,),
which form part of the contract agreement and I / we shall abide hereby by the terms / conditions
/ clauses contained therein.
3. The corrigendum(s) issued from time to time by your department/ organisation too have also
been taken into consideration, while submitting this acceptance letter.
5. In case any provisions of this tender are found violated, then your department/ organisation
shall without prejudice to any other right or remedy be at liberty to reject this tender/bid including
the forfeiture of the full said earnest money deposit absolutely.
Yours Faithfully,
3. Receipts for payments made on account of a work, when executed by a Firm, must also
be signed by the several Partners, except where the contractors are described in their Tender
as a Firm, in which case the receipts must be signed in the name of the Firm by one of the
Partners, or by some other person having authority to give effectual receipt for the Firm.
4. Any person who submits a Tender shall fill up the usual printed Form, stating at how
much percent above or below the estimated rates / or at what rate he is willing to undertake
each item of the work specified in Rules. Only one rate of percentage more or less over the
estimated rates/schedule rates shall be named. Tenders which propose any alternation in the
work specified in the said Form of Invitation to Tender, or in time allowed for carrying out the
work, or which contain any other conditions of any sort will be liable to rejection. No single
Tender shall include more than one work but contractors who wish to Tender for two or more
works shall submit a separate Tender for each. Tender shall have name and number for the
work to which they refer, written outside the envelopes.
i) The percentage above / below is not quoted in figures and words both on the total
amount of tender or any section / sub-head of the tender.
ii) The percentage quoted above / below is different in figures and words on the total
amount of tender or any section / sub-head of tender.
4 (b) In case the lowest tendered amount (estimated cost + amount worked on the basis of
percentage above / below) of two or more contractors is same, such lowest contractors will
be asked to submit sealed revised offer in the form of letter maintaining percentage above /
below on estimated cost of tender including all sub-sections / sub-heads as the case may be,
but the revised percentage quoted above / below on tendered cost or on each sub-sections /
sub-heads should not be higher than the percentage quoted at the time of submission of
tender. The lowest tender shall be decided on the basis of revised offers:
In case, any of such contractors refuses to submit revised offer, then it shall be treated as
withdrawal of his tender before acceptance and 50% of earnest money shall be forfeited.
If the revised tendered amount of two or more contractors received in revised offer is again
found to be equal, the lowest tender, among such contractors, shall be decided by draw of
lots in the presence of DGM (Engg.), Engineer-in-Charge and the lowest contractors those
have quoted equal amount of their tenders.
In case, all the lowest contractors those have quoted same tendered amount, refuse to submit
revised offer, then tenders are to be recalled after forfeiting 50% of EMD of each contractor.
5. The Earnest Money will be returned to all unsuccessful tenderers within a period of
10 days from the date of issue of the acceptance letter in the case of all unsuccessful
Tenderers and for successful Tenderer, the same will be adjusted towards the Security
Deposit. No interest shall be payable on Earnest Money, in any case.
6. The Food Corporation of India shall have the right of rejection all or any of the
Tenders, and will not be bound to accept the lowest Tender.
7. The receipt of an accountant or clerks for any money paid by the contractor will not
be considered as any acknowledgement of payment to the AGM(Engineering) Food
Corporation of India and the Contractor shall be responsible for seeing that he procures a
receipt signed by the AGM(Engineering) Food Corporation of India or a duly authorised
cashier.
8. The Memorandum of Work tendered for and the schedule of materials to be supplied
by the Corporation and their issue rates shall be filled in an completed in the office of the AGM
(Engineering) Food Corporation of India before the Tender Form is issued. If a Form is issued
to an intending Tenderer without having been so filled in and completed, he shall request
the office to have this done before he completes and delivers his Tender.
9. The Tenderer / contractor has to obtain and submit the Labour Licence, if applicable,
as per Section 34 of CPWD Works Manual with latest amendments before commencement of
work and the same should remain valid till the completion of work.
10. The Tenderer / contractor have to obtain workman’s compensation policy. The same
is required to be submitted by the contractor before commencement of the work. The policy
should remain valid till the completion of work.
11. The tenderer should be registered with EPFO having separate code no. as required for
an employer under the provisions of EPF & MP Act,1952 and must submit their valid
registration no. with all relevant documents within fifteen days from the date of award of
contract.
b) Estimated Cost: Rs 7,05,52,753.00 (Seven crore five lakh fifty two thousand seven
hundred fifty three only).
c) Earnest Money Rs. 14,11,500/- (Rupees Fourteen lakh eleven thousand five
hundred only )
The successful Tenderer hereafter referred to as the Contractor shall deposit an amount
equal to 5% of the Tendered and accepted value of the work put to Tender (without limit) as
Performance Guarantee mentioned at Para 8 in form No. CE-5-S.
d) Security Deposit @ 5% of the Tendered value of work put to Tender without any limit
in addition to the Performance Guarantee.
The Security Deposit will be collected by deduction from the running bills of the
contractor at the rates mentioned above and, the Earnest Money, deposited at the
time of Tender, will be treated as part of the Security Deposit.
e) Time allowed for the work from the 15th day after the date of written order to
commence is 180 days.
Should this Tender be accepted in whole or in part, I/We hereby agree (i) to abide by
and fulfil all the terms and provision of the said conditions annexed hereto and all the terms
and provisions contained in Notice Inviting Tenders so for as applicable and or in default
thereof to forfeit and pay to the Food Corporation of India, the sum of money mentioned in
the said conditions. A sum of Rs. 14,11,500/- (Rupees Fourteen lakh eleven thousand five
hundred only ) is hereby forwarded, in the form of NEFT/RTGS as Earnest Money. If I/We
failed to commence the work specified in the above Memorandum, I/We agree that the said
Food Corporation of India shall, without prejudice to any other right or remedy, be at liberty
to forfeit, the said Earnest Money along with Performance Guarantee absolutely, otherwise
the said Earnest Money shall be retained by
Witness.....................................................................................
Address......................................................................................
Occupation................................................................................
------------------------------------------
Contractor(s)
The above Tender is hereby accepted by me on behalf of the Food Corporation of India.
1. The Contract means the documents forming the Tender and acceptance thereof and
the formal Agreement executed between the Food Corporation of India and the contractor,
together with the documents referred to therein including these conditions, the,
specifications, designs, drawings and instructions issues from time to time by Engineer-in-
Charge and all these documents taken together, shall be deemed to form one contract and
shall be complementary to one another.
2. In the contract the following expression shall, unless the context otherwise requires,
have the meaning, hereby respectively assigned to them:
a) The expression ‘Work” or work shall, unless there be something either in the subject
or context repugnant to such construction, be construed and taken to mean the work
by or by virtue of the contract contracted to the executed whether temporary or,
permanent, and whether original, altered, substituted or additional.
(b) The ‘Site’ shall mean the land or other places on, into or through which work is to be
executed under the contract or any adjacent land, path or street through which work
is to be executed under the contract or any adjacent land, path or street which may
be allotted or used for the purpose of carrying out the contract.
(c) The ‘Contractor shall, mean ‘the individual or Firm or Company, whether incorporated
or not undertaking the work and shall include the legal personal Representatives of
such individual or the persons comprising such firm or company, or the successors of
such company and the permitted assignees of such individual or firm or firms or
company,
(d) The ‘Corporation’ means the Food Corporation of India and its successors.
(e) The Engineer In charge means the AGM (Engineering) who shall supervise and be in
charge of the work
(f) ‘Managing Director’ shall mean the Managing Director of the Food Corporation of
India.
(g) The term Superintending Engineer’ includes the DGM (CE/EE) of the Food Corporation
of India.
(h) The term ‘Executive Engineer’ includes the AGM (CE/EE) of the Food Corporation of
India.
(i) The term Chief Engineer includes the General Manager (Engg.) of the Food Corporation
of India.
4. The contractor shall be deemed to have satisfied himself before tendering as to the
correctness and sufficiency of his tender for the works and of the rates except as otherwise
provided, cover all his obligations under the Contract and all matters and things necessary for
the proper completion and maintenance of the works.
In the case of discrepancy between the schedule of Quantities, and the Specifications etc., the
following order of preference shall be observed:
Clause 1
(i)The contractor shall submit an irrevocable Performance Guarantee of 5% (Five percent) of the Tendered amount
in addition to other deposits mentioned elsewhere in the contract for his proper performance of the contract
agreement (not withstanding and/or without prejudice to any other provisions in the contract within period
specified in Schedule “F”of ‘BID Data Sheet’ from the date of issue of letter of acceptance. This period can be
further extended by the Engineer-in- Charge upto a maximum period as specified in Schedule ‘F’ on written
request of the contractor stating the reason for delays in procuring the Performance Guarantee to the satisfaction
of the Engineer-in-Charge. This Guarantee shall be in the form of Cash, in case Guarantee amount is less than Rs.
10,000/- or Deposit at Call receipt of any Scheduled Bank / Banker’s Cheque of any Scheduled Bank /Demand Draft
of any Scheduled Bank /Pay Order of any Scheduled Bank (in case of Guarantee amount is less than Rs.1, 00,000/-
or Government Securities or Guarantee Bonds of any Scheduled Bank or the State Bank of India in accordance with
the Form annexed hereto In case the Guarantee amount is more than Rs One lakh.
a) The BG issuing Bank shall send cover for BG issued, SFMS platform to the FCI Bank i.e.
v) MT760 COV for issuance of bank guarantee
vi) MT767 COV for amendment of bank guarantee.
vii) Issuing bank shall mention FC beneficiary Office code in field 7037 of MT760COV/ MT767COV code will
be “FCINF11” where
viii) FCI beneficiary code will be "FCINF11" where NF11 is four digit FAP unit code of respective office of FCI.
(b) The bidder shall submit the copy of SFMS message as sent by the issuing bank branch with the original Bank
Guarantee.
(c) BG submitted without these details shall not be accepted
3. Performa of BG should also be amended to include the following message:” Cov message for this BG has been sent
to FCI bankers ie ICICI Bank Ltd., C.P., New Delhi. FSC Code ICICI0000007 through SFMS”
iii) The Engineer-in-Charge shall not make a claim unearth Performance Guarantee except for
amounts to which the Food Corporation of India (FCI) is entitled under the contract (not
withstanding and /or without prejudice to any other provisions in the contract agreement) in the
event of
a) Failure by the contractor to extend the validity of the Performance Guarantee as described
hereinabove, in which event the Engineer-in-Charge may claim the full amount of the
Performance Guarantee.
b)Failure by the contractor to pay FCI any amount due, either as agreed by the contractor or
determined under any of the Clauses/Conditions of the Agreement, within 30 days of the service
of Notice to this effect by Engineer-in-Charge.
iv) In the event of the contract being determined or rescinded under provision of any of the
Clause/Condition of the agreement, the Performance Guarantee shall stand forfeited in full and
shall be absolutely at the disposal of the FCI.
CLAUSE 1A
Recovery of Security Deposit
The person/persons whose Tender(s) may be accepted (hereinafter called the contractor) shall
permit FCI at the time of making any payment to him for work done under the contract to deduct
a sum at the rate of 5% of the gross amount of each running bill till the sum along with the sum
already deposited as Security Deposit, will amount to Security Deposit of 5% of the Tendered value
of the work. Such deductions will be made and held by FCI by way of Security Deposit unless
he/they has/have already deposited the amount of Security at the rate mentioned above in cash
or in the form of Corporation Securities.
All compensations or the other sums of money payable by the contractor under the terms of this
contract may be deducted from his Security Deposit or from any sums which may be due to or
may become due to the contractor by FCI on any account whatsoever and in the event of his
Security Deposit being reduced by reason of any such deductions, the contractor shall within 10
days make good.
CLAUSE -2 Upon satisfactory performance of the services and on completion of all the obligations
by the contractor under the terms of contract and on submission of ‘No Due Certificate’ from the
concerned authority designated under EPF and MP Act 1952 showing due and correct deposit in
respect of the employees employed by or through him for the contract period and on obtaining a
‘No Demand Certificate’ from the assigned authority of Food Corporation of India, the Security
Deposit will be refunded to the contractor subject to deductions, if any from the Security as may
(b) The Engineer-in-charge shall have the rights to forfeit the entire or part of the amount of
security deposit lodged by the contractors or to appropriate the security deposit or any part
thereof in or towards the satisfaction of any sum due to be claimed for any damages, losses
charges, expenses or costs that may be suffered or incurred by the Corporation. The decision of
the Engineer-in-charge in respect of such losses, damages, charges, costs or expenses shall be final
and binding on the contractors.
(c) In the event of the Tenderer failure, after the communication of acceptance of the tender
by the Corporation, to furnish the requisite Performance Guarantee by the due date including
extension period, his Contract shall summarily terminated besides forfeiture of the Earnest Money
and the Corporation shall proceed for appointment of another contractor. Any losses or damages
arising out of and incurred by the Corporation by such conduct of the contractor will be recovered
from the Contractor, without prejudice to any other rights and remedies of the Corporation under
the Contract and Law. The contractor will also be debarred from participating in any future
tenders of the Corporation for a period of five years. After the completion of prescribed period
of five years, the party may be allowed to participate in the future tenders of FCI provided all the
recoveries / dues have been effected by the Corporation and there is no dispute pending with the
contractor/party.
This will also apply to items or group of items for which a separate period of completion has
been specified.
(i) Compensation ...@ 1.5% per month* of delay
For delay of work to be computed on per Day basis
* Month will change into week for stipulated time upto 60 days
Provided always that the total amount of compensation for delay to be paid under this
Condition shall not exceed 10% of the Tendered Value Of work or of the Tendered Value of
the item or group of items of work for which a separate period of completion is originally
given.
The amount of compensation may be adjusted or set-off against any sum payable to the
contractor under this or any other contract with the FCI. In case, the contractor does not
achieve a particular milestone mentioned in schedule F of ‘BID Data Sheet’, or the re-
Clause 3
When Contract can be Determined
Subject to other provision contained in this clause, the Engineer-in-Charge may, without
prejudice to any other rights or remedy against the contractor in respect of any delay inferior
workmanship, any claims for damages and/or any other provisions of this contract or otherwise,
and whether the date of completion has or has not elapsed, by Notice in writing absolutely
determine the contract in any of the following cases:
(i) If the contractor having been given by the Engineer-in-Charge a Notice in writing to
rectify, reconstruct or replace any defective work or that the work is being performed
in an inefficient or otherwise improper or un-workmanlike manner shall omit to comply
with the requirement of such Notice for a period of seven days thereafter.
(ii) If the contractor has, without reasonable cause, suspended the progress of the work
or has failed to proceed with the work with due diligence so that in the opinion of the
Engineer-in-Charge (which shall be final and binding) he will be unable to secure
completion of the work by the date for completion and continues to do so after a
Notice in writing of seven days from the Engineer-in-Charge.
(iii) If the contractor fails to complete the work within the stipulated date or items of work
with individual date of completion, if any stipulated, on or before such date(s) of
completion and does not complete them within the period specified in a Notice given
in writing in that behalf by the Engineer-in-Charge.
(iv) If the contractor persistently neglects to carry out his obligations under the contract
and/or commits default in complying with any of the terms and conditions of the
contract and does not remedy it or take effective steps to remedy it within 7 days after
a Notice in writing is given to him in that behalf by the Engineer-in-Charge.
(v) If the contractor shall offer or give or agreed to give to any person in Government
service or to any other person on his behalf any gift or consideration of any kind as an
inducement or reward for doing or forbearing to do or for having done or forborne to
do any act in relation to the obtaining or execution of this or any other contract for FCI.
(vi) If the contractor shall enter into a contract with FCI in connection with which
commission has been paid or agreed to be paid by him or to his knowledge, unless the
particulars of any such commission and the terms of payment thereof have been
previously disclosed in writing to the Engineer-in-Charge.
vii) If the contractor shall obtain a contract with FCI as a result of wrong Tendering or
ix) If the contractor being a company shall pass a resolution or the court shall make an
order that the Company shall be wound up or if a Receiver or a Manager on behalf
of a creditor shall be appointed or if circumstances shall arise which entitle the court or
the creditor to appoint a Receiver or a Manager or which entitle the court to make a
Winding up order.
x) If the contractor shall suffer an execution being levied on his goods and allow it to
be continued for a period of 21 days.
xi)If the contractor assigns, transfer, sublets (engagement of labour on a piece-work
basis or of labour with materials not to be incorporated in the work, shall not be
deemed to be subletting) or otherwise parts with or attempts to assign, transfer,
sublet or otherwise parts with the entire works or any portion thereof without the prior
Written approval of the Engineer-in-Charge.
xii) If the work is not started by the contractor within 1/8th of the stipulated time. When the
contractor has made himself liable for action under any of the cases aforesaid, the
Engineer-in-Charge on behalf of the FCI shall have powers:
a)To determine or rescind the contract as aforesaid (of which Termination or Rescission
Notice in writing to the Contractor under the hand of the Engineer-in-Charge shall be
Conclusive evidence). Upon such determination or rescission, the Earnest Money
Deposit, Security Deposit already recovered and Performance Guarantee under the
Contract shall be liable to be forfeited and shall be absolutely at the disposal of the FCI.
b) After giving Notice to the contractor to measure up the work of the contractor and to
take such whole, or the balance or part thereof, as shall be un-executed out of his hands
and to give it to another contractor to complete the work, the contractor, whose
contract is determined or rescinded as above, shall not be allowed to participate in the
Tendering process for the balance work.
In the event of above courses being adopted by the Engineer-in-Charge, the contractor shall
have no claim to compensation for any loss sustained by him by reasons of his having purchased
or procured any materials or entered into any engagements or made any advances on account
or with a view to the execution of the work or the performance of the contract. In case action
is taken under any of the provision aforesaid, the contractor shall not be entitled to recover or
Clause 5
Time and Extension for Delay
The time allowed for execution of the Works as specified in the Schedule ‘F’ ‘Bid Data Sheet’
or the extended time in accordance with these conditions shall be the essence of the Contract.
The execution of the works shall commence from such time period as mentioned in Schedule
’F’ or from the date of handing over of the site whichever is later. If the Contractor commits
default in commencing the execution of the work as aforesaid. FCI shall without prejudice to
any other right or remedy available in law, be at liberty to forfeit the Earnest Money &
Performance Guarantee absolutely.
As soon as possible after the Contract is concluded, the Contractor shall submit a Time and
Progress Chart for each milestone and get it approved by the Department. The Chart shall be
prepared in direct relation to the time stated in the Contract documents for completion of items
of the works. It shall indicate the forecast of the dates of commencement and completion of
various trades of sections of the work and may be amended as necessary by agreement
between the Engineer-in-Charge and the Contractor within the limitations of time imposed in
the Contract documents, and further to ensure good progress during the execution of the work,
the contractor shall in all cases in which the time allowed for any work, exceeds one month
(save for special jobs for which a separate programme has been agreed upon) complete the
work as per mile stones given in Schedule ‘F’.’Bid Data Sheet’.
Upon the happening of any such event causing delay, the Contractor shall immediately give
Notice thereof in writing to the Engineer-in-Charge but shall nevertheless use constantly his
best endeavors to prevent or make good the delay and shall do all that may be reasonably
required to the satisfaction of the Engineer-in-Charge to proceed with the works.
Clause 6
Measurement of Work Done
Engineer-in-Charge shall, except as otherwise provided, ascertain and determine by
measurement, the value in accordance with the contract of work done.
All measurement of all items having financial value shall be entered in Measurement Book
and/or level field Book so that a complete record is obtained of all works performed under the
contract.
All measurements and levels shall be taken jointly by the Engineer-in-Charge or his authorized
Representative and by the Contractor or his authorized Representative from time to time during
the progress of the work and such measurements shall be signed and dated by the Engineer-in-
Charge and the Contractor or his Representative in token of their acceptance. If the contractor
objects to any of the measurements recorded, a note shall be made to that effect with reason
and signed by both the parties.
If for any reason the Contractor or his authorized Representative is not available and the work
of recording measurements is suspended by the Engineer-in-Charge or his Representative, the
Engineer-in-Charge and the Department shall not entertain any claim from contractor for any
loss or damages on this account. If the Contractor or his authorized Representative does not
remain present at the time of such measurements after the Contractor or his authorized
Representative has been given a Notice in writing three (3) days in advance or fails to
countersign or to record objection within a week from the date of the measurement, then such
measurements recorded in his absence by the Engineer-in-Charge or his Representative shall
be deemed to be accepted by the Contractor.
The contractor shall, without extra charge, provide all assistance with every appliance, labor
and other things necessary for measurements and recording levels.
Except where any general or detailed description of the work expressly shows to the contrary,
measurement shall be taken in accordance with the procedure set forth in the specifications
notwithstanding any provision in the relevant Standard Method of measurement or any general
or local custom. In the case of items which are not covered by specifications, measurements
shall be taken in accordance with the relevant standard method of measurement issued by the
Bureau of Indian Standard and if for any item no such standard is available, then a mutually
agreed method shall be followed.
The contractor shall give, not less than seven days’ Notice to the Engineer-in-Charge or his
authorized Representative in charge of the work, before covering up or otherwise placing
beyond the reach of measurement any work in order that the same may be measured and
correct dimensions thereof be taken before the same is covered up or placed beyond the reach
of measurement and shall not cover up and place beyond reach of measurement any work
without consent in writing of the Engineer-in-Charge or his authorized Representative in charge
It is also a term of this contract that recording of measurements of any item of work in the
Measurement Book and/or its payment in the interim, on account or final bill shall not be
considered as conclusive evidence as to the sufficiency of any work or material to which it
relates nor shall it relieve the contractor from liabilities from any over measurement or defects
Noticed till completion of the defects liability period.
CLAUSE 6A
Engineer-in-Charge shall, except as otherwise provided, ascertain and determine by
measurement the value of work done in accordance with the contract. All measurements of all
items having financial value shall be entered by the contractor and compiled in the shape of the
Computerized Measurement Book having pages of A-4 size as per the format of the department
so that a complete record is obtained of all the items of works performed under the contract.
All such measurements and levels recorded by the contractor or his authorized Representative
from time to time, during the progress of the work, shall be got checked by the contractor from
the Engineer-in-Charge or his authorized Representative as per interval or program fixed in
consultation with Engineer-in-Charge or his authorized Representative. After the necessary
corrections made by the Engineer-in-Charge, the measurement sheets shall be returned to the
contractor for incorporating the corrections and for resubmission to the Engineer-in- Charge
for the dated signatures by the Engineer-in- Charge and the contractor or their Representatives
in token of their acceptance. Whenever bill is due for payment, the contractor would initially
submit draft computerized measurement sheets and these measurements would be got
checked/ test checked from the Engineer-in-Charge and/or his authorized Representative. The
contractor will, thereafter, incorporate such changes as may be done during these checks/test
checks in his draft computerized measurements, and submit to the department a Computerized
Measurement Book, duly bound, and with its pages machine Measurement Book. The Engineer-
in-Charge and/or his authorized Representative would thereafter check this Measurement
Book, and record the necessary certificates for their checks/ test checks.
The final, fair, Computerized Measurement Book given by the contractor, duly bound, with its
Pages machine numbered should be 100% correct, and no cutting or over-writing in the
measurements would thereafter be allowed. If at all any error is Noticed, the contractor shall
have to submit a fresh Computerized Measurement Book with its pages duly machine
Measurement Book and bound, after getting the earlier Measurement Book cancelled by the
department. Thereafter, the Measurement Book shall be taken in the Divisional Office records
and allotted a number as per the Register of Computerized Measurement Books.
This should be done before the corresponding bill is submitted to the Division Office for
payment. The contractor shall submit two spare copies of such computerized Measurement
Clause 7
No payment shall be made for work, estimated to cost Rs. Fifty thousand or less till after the
whole of the work shall have been completed and Certificate of Completion given. For works
estimated to cost over Rs. Fifty thousand, the interim or running account bills shall be submitted
by the contractor for the work executed on the basis of such recorded measurement on the
format of the Department in triplicate on or before the date of every month fixed for the same
by Engineer-in-Charge. The contractor shall not be entitled to be paid and such interim payment
if the gross work done together with net payment/adjustment of advances for material
collected, if any, since the last such payment is less than the amount specified in Schedule ‘F’
‘Bid Data Sheet’, in which case the interim bill shall be prepared on the appointed date of the
month after the requisite progress is achieved. Engineer-in-Charge shall arrange to have the bill
All such interim payments shall be regarded as payment by way of advances against final
payment only and shall not preclude the requiring of bad, unsound and imperfect or unskilled
work to be rejected, removed, taken away and reconstructed or re-erected. Any certificate
given by the Engineer-in-Charge relating to the work done or materials delivered forming part
of such payment, may be modified or corrected by any subsequent such certificate(s) or by the
final certificate and shall not by itself be conclusive evidence that any work or material to which
it relates is/are in accordance with the contract and specifications. Any such interim payment,
or any part thereof shall not in any respect conclude, determine or affect in any way powers of
the Engineer-in-Charge under the contract or any of such payments be treated as final
settlement and adjustment of accounts or in any way very or affect the contract.
The Engineer-in-Charge in his sole discretion on the basis of a certificate from the Manager
(CE)/Elect.) to the effect that the work has been completed up to the level in question make
interim advance payments without detailed measurements for work done (other than
foundations, items to be covered under finishing items) upto lintel level (including sunshade
etc.) and slab level, for each floor working out at 75% of the assessed value. The advance
payments so allowed shall be adjusted in the subsequent interim bill by taking detailed
measurements thereof.
FCI reserves the right to make payment of GST amount charged in the supply invoices only post
matching of the invoice in the GSTIN System. Contractor shall raise invoice in compliant with
the provisions of the GST law and contains the requisite details in an accurate manner for
claiming of tax credits by the FCI.
Clause 8
Within ten days of the completion of the work, the contractor shall give Notice of such
completion to the Engineer-in-Charge and within thirty days of the receipt of such Notice the
Clause 8B
Completion Plan
The contractor shall submit completion plan as required vide General specifications for
Electrical works (Part I internal) 2005 and (Part II External) 1994 as applicable within thirty days
of the completion of the work.
In case, the contractor fails to submit the completion plan as aforesaid, he shall be liable to pay
a sum equivalent to 2.5% of the value of the work subject to a ceiling of Rs.25, 000 (Rs. Twenty
five thousand only) as may be fixed by the Dy. General Manager (Engg.) concerned and in this
respect the decision of the DGM (Engg.) shall be final and binding on the contractor.
Clause 9
Payment of Final Bill
The final bill shall be submitted by the contractor in the same manner as specified in interim
bills within three months of physical completion of the work or within one month of the date
of the final Certificate of Completion of the work or within one month of the date of the final
FCI reserves the right to make the payment of GST amount charged in the supply invoices only
post matching of the invoice in GSTIN System. Contractor shall raise invoice in compliant with
the provisions of the GST law and contains the requisite details in an accurate manner for
claiming of tax credits by the FCI.
Clause 10
Materials which FCI will supply are shown in Schedule ‘B’ of ‘Bid Data Sheet’ which also
stipulates quantum, place of issue and rate(s) to be charged in respect thereof. The contractor
shall be bound to procure them from the Engineer-in-Charge. As soon as the work is awarded,
the contractor shall finalize the programme for the completion of work as per clause 5 of this
contract and shall give his estimates of materials required on the basis of drawings/or schedule
of quantities of the work. The Contractor shall give in writing his requirement to the Engineer-
in-Charge which shall be issued to him keeping in view the progress of work as assessed by the
Engineer-in-Charge, in accordance with the agreed phased programme of work indicating
monthly requirements of various materials. The contractor shall place his indent in writing for
The contractor shall see that only the required quantities of materials are got used. Any
such material remaining unused and in perfectly good/original condition at the time of
CLAUSE 10A
The contractor shall, at his own expense, provide all materials, required for the works other
than those which are stipulated to be supplied by the FCI.
The contractor shall, at his own expense and without delay, supply to the Engineer-in- Charge
samples of materials to be used on the work and shall get these approved in advance. All such
materials to be provided by the Contractor shall be in conformity with the specifications laid
down or referred to in the contract. The contractor shall, if requested by the Engineer-in-Charge
furnish proof, to the satisfaction of the Engineer-in-Charge that the materials so comply. The
Engineer-in-Charge shall within thirty days of supply of samples or within such further period
as he may require intimate to the Contractor in writing whether samples are approved by him
or not. If samples are not approved, the Contractor shall forthwith arrange to supply to the
Engineer-in-Charge for his approval, fresh samples complying with the specifications laid down
in the contract. When materials are required to be tested in accordance with specifications,
approval of the Engineer-in-Charge shall be issued after the test results are received. The
Contractor shall at his risk and cost submit the samples of materials to be tested or analyzed
and shall not make use of or incorporate in the work any
materials represented by the samples until the required tests or analysis have been made and
materials finally accepted by the Engineer-in-Charge. The Contractor shall not be eligible for
any claim or compensation either arising out of any delay in the work or due to any corrective
measures required to be taken on account of and as a result of testing of materials. The
contractor shall, at his risk and cost, make all arrangements and shall provide all facilities as the
Engineer-in-Charge may require for collecting, and preparing the required number of samples
for such tests at such time and to such place or places as may be directed by the Engineer-in-
Charge and bear all charges and cost of testing unless specifically provided for otherwise
elsewhere in the contract or specifications. The Engineer-in-Charge or his authorized
Representative shall at all times have access to the works and to all workshops and places where
work is being prepared or from where materials, manufactured articles or machinery are being
obtained for the works and the contractor shall afford every facility and every assistance in
obtaining the right to such access.
The Engineer-in-Charge shall have full powers to require the removal from the premises
of all materials which in his opinion are not in accordance with the specifications and in case of
default, the Engineer-in-Charge shall be at liberty to employ at the expense of the contractor,
other persons to remove the same without being answerable or accountable for any loss or
damage that may happen or arise to such materials. The Engineer-in-Charge shall also have full
powers to require other proper materials to be substituted thereof and in case of default, the
Engineer-in-Charge may cause the same to be supplied and all costs which may attend such
removal and substitution shall be borne by the Contractor. The contractor shall at his own
expense, provide a material testing lab at the site for conducting routine field tests. The lab
shall be equipped at least with the testing equipment as specified in schedule F. of ‘Bid Data
Sheet’.
Such secured advance shall also be payable on other items of perishable nature, fragile
and combustible with the approval of the Engineer-in-Charge provided the contractor provides
a comprehensive insurance cover for the full cost of such materials. The decision of the
Engineer- in-Charge shall be final and binding on the contractor in this matter. No secured
advance, shall however, be paid on high-risk materials such as ordinary glass, sand, petrol,
diesel etc.
Mobilization Advance
(ii) Mobilization advance not exceeding 10% of the Tendered value may be given, if requested
by the contractor in writing within one month of the order to commence the work. Such
advance shall be in two or more installments to be determined by the Engineer-in-Charge at his
sole discretion. The first installment of such advance shall be released by the Engineer-in-charge
to the contractor on a request made by the contractor to the Engineer- in-Charge in this behalf.
The second and subsequent installments shall be released by the Engineer- in- Charge only after
the contractor furnishes a proof of the satisfactory utilization of the earlier installment to the
entire satisfaction of the Engineer-in-Charge.
Before any installment of advance is released, the contractor shall execute a Bank
Guarantee Bond from Scheduled Bank for the amount of advance & valid for the contract
period. This shall be kept renewed from time to time to cover the balance amount and likely
period of complete recovery, together with interest. Provided always that provision of Clause
10 B (ii) shall be applicable only when so provided in ‘Schedule F’.
Leasing of equipment shall be considered at par with purchase of equipment and shall be
covered by tripartite agreement with the following:
1. Leasing company which gives certificate of agreeing to lease equipment to the Contractor.
2. Engineer in Charge, and
3. The contractor.
This advance shall further be subject to the condition that such plant and equipment (a) are
considered by the Engineer-in-Charge to be necessary for the works; (b) and are in working
order and are maintained in working order; (c) hypothecated to the FCI as specified by the
Engineer-in-Charge before the payment of advance is released. The contractor shall not be
permitted to remove from the site such hypothecated plant and equipment without the prior
written permission of the Engineer-in-Charge. The contractor shall be responsible for
maintaining such plant and equipment in good working order during the entire period of
hypothecation failing which such advance shall be entirely recovered in lump sum. For this
purpose, steel scaffolding and form work shall be treated as plant and equipment. The
contractor shall insure the Plant and Machinery for which mobilization advance is sought and
given, for a sum sufficient to provide for their replacement at site. Any amounts not recovered
from the insurer will be borne by the contractor. (iv) The mobilization advance and plant and
machinery advance in (ii) & (iii) above bear simple interest at the rate of 10 per cent per annum
and shall be calculated from the date of payment to the date of recovery, both days inclusive,
on the outstanding amount of advance. Recovery of such sums advanced shall be made by the
deduction from the contractors bills commencing after first ten per cent of the gross value of
the work is executed and paid, on pro-rata percentage basis to the gross value of the work billed
beyond 10% in such a way that the entire advance is recovered by the time eighty per cent of
the gross value of the contract is executed and paid, together with interest due on the entire
outstanding amount up to the date of recovery of the installment. (v) If the circumstances are
considered reasonable by the Engineer-in-Charge, the period mentioned in (ii) and (iii) for
request by the contractor in writing for grant of mobilization advance and plant and equipment
advance may be extended in the discretion of the Engineer-in-Charge.
CLAUSE 10C
Payment on Account of Increase in Prices/Wages due to Statutory Order(s)
CLAUSE 10 CA
Payment due to variation in prices of materials after receipt of Tender
If after submission of the Tender, the price of materials specified in Schedule F of ‘Bid Data
Sheet’ increases/ decreases beyond the price(s) prevailing at the time of the last stipulated date
for receipt of Tenders (including extensions, if any) for the work, then the amount of the
contract shall accordingly be varied and provided further that any such variations shall be
effected for stipulated period of Contract including the justified period extended under the
provisions of Clause 5 of the Contract without any action under Clause 2. However, for work
done/during the justified period extended as above, it will be limited to indices prevailing at the
time of stipulated date of completion or as prevailing for the period under consideration,
P = Base Price of material as issued under authority of DG(W), CPWD or concerned Zonal Chief
Engineer as indicated in Schedule "F" of ‘Bid Data Sheet’ valid at the time of the last stipulated
date of receipt of Tender including extensions, if any.
Q = Quantity of material brought at site for bonafide use in the works since previous bill.
Clo = Price index for cement, steel reinforcement bars and structural steel as issued by the
DG(W), CPWD as valid on the last stipulated date of receipt of Tenders including extensions, if
any. For other items, if any, provided in Schedule ‘F’, All India Wholesale Price Index for the
material as published by the Economic Advisor to Government of India, Ministry of Industry and
Commerce as valid on the last stipulated date of receipt of Tenders including extensions, if any.
Cl = Price index for cement, steel reinforcement bars and structural steel as issued under the
authority of DG(W), CPWD for period under consideration. For other items, if any, provided in
Schedule ‘F’, All India Wholesale Price Index for the material for period under consideration as
published by Economic Advisor to Government of India, Ministry of Industry and Commerce.
Note: (i) In respect of the justified period extended under the provisions of clause 5 of the
contract without any action under clause 2, the index prevailing at the time of stipulated date
of completion or the prevailing index of the period under consideration, whichever is less, shall
be considered. Provided always that provisions of the preceding Clause 10 C shall not be
applicable in respect of Materials covered in this Clause. (ii) If during progress of work or at the
time of completion of work, it is Noticed that any material brought at site is in excess of
requirement, then amount of escalation if paid earlier on such excess quantity of material shall
be recovered on the basis of cost indices as applied at the time of payment of escalation or as
prevailing at the time of effecting recovery, whichever is higher.
(i) The base date for working out such escalation shall be the last stipulated date of receipt of
Tenders including extension, if any. The cost of work on which escalation will be payable shall
be reckoned as below :
(f) Full assessed value of Secured Advance for which escalation Payable in this quarter
(D-E): (F)
(g) Advance payment made during this quarter: (G)
(h) Advance payment recovered during this quarter: (H)
(i) Advance payment for which escalation is payable in this Quarter: (I)
(j) Extra items/deviated quantities of items paid as per Clause 12 Based on prevailing market
rates during this quarter: (J)
Then, M = C+F+I-J
N = 0.85 M
(k) Less cost of material supplied by the department as per Clause 10 and recovered during
(iv) The compensation for escalation for other materials (excluding cement, reinforcement
bars, structural steel or other materials covered under clause 10 CA) and P.O.L. shall be
worked as per the formula given below:-
(a) Adjustment for civil component (except cement, structural steel, reinforcement bars
and other materials covered under clause 10CA) / electrical component of construction
‘Materials’
Xm MI-MIo
Vm = W x--------------x -------------------
100 MIo
Vm = Variation in material cost i.e. increase or decrease in the amount in rupees to be paid
or recovered.
W = Cost of Work done worked out as indicated in sub-para (ii) of Clause 10CC.
Xm = Component of ‘materials’ (except cement, structural steel, reinforcement bars and other
materials covered under clause10CA) expressed as percent of the total value of work.
Ml = All India Wholesale Price Index for civil component/electrical component* of construction
material as worked out on the basis of All India Wholesale Price Index for Individual
Commodities/ Group Items for the period under consideration as published by Economic
Advisor to Govt. of India, Ministry of Industry & Commerce and applying weightages to the
Individual Commodities/Group Items. (In respect of the justified period extended under the
provisions of clause 5 of the contract without any action under clause 2, the index prevailing at
the time of stipulated date of completion or the prevailing index of the period under
consideration, whichever is less, shall be considered.)
Mlo = All India Wholesale Price Index for civil component/electrical component* of construction
material as worked out on the basis of All India Wholesale Price Index for Individual
Commodities/Group Items valid on the last stipulated date of receipt of Tender including
extension, if any, as published by the Economic Advisor to Govt. of India, Ministry of Industry &
Commerce and applying weightages to the Individual Commodities/Group items.
W = Cost of Work done worked out as indicated in sub-para (ii) of Clause 10CC.
Z = Component of Fuel, Oil & Lubricant expressed as percent of the total value of work.
FI = All India Wholesale Price Index for Fuel, Oil & Lubricant for the period under consideration
as published by Economic Advisor to Govt. of India, Ministry of Industry & Commerce, New
Delhi. (In respect of the justified period extended under the provisions of clause 5 of the
contract without any action under clause 2, the index prevailing at the time of stipulated date
of completion or the prevailing index of the period under consideration, whichever is less, shall
be considered.)
FIo = All India Wholesale Price Index for Fuel, Oil & Lubricant valid on the last date of receipt of
Tender including extension, if any.
(v) The following principles shall be followed while working out the indices mentioned in para
(iv) above.
(a) The compensation for escalation shall be worked out at quarterly intervals and shall be with
respect to the cost of work done as per bills paid during the three calendar months of the said
quarter. The first such payment shall be made at the end of three months after the month
(excluding the month in which Tender was accepted) and thereafter at three months’ interval.
At the time of completion of the work, the last period for payment might become less than 3
months, depending on the actual date of completion.
(b) The index (MI/FI etc.) relevant to any quarter/period for which such compensation is paid
shall be the arithmetical average of the indices relevant to the three calendar months. If the
period up to date of completion after the quarter covered by the last such instalment of
payment, is less than three months, the index Ml and Fl shall be the average of the indices for
the months falling within that period.
(vi) The compensation for escalation for labour shall be worked out as per the formula given
below:-
Y LI-LIo
VL = W x ---------- x --------------
100 Lio
VL : Variation in labour cost i.e. amount of increase or decrease in rupees to be paid or
recovered.
W : Value of work done, worked out as indicated in sub-para (ii) above.
Y : Component of labour expressed as a percentage of the total value of the work.
Ll : Minimum wage in rupees of an unskilled adult male mazdoor, fixed under any law, statutory
rule or order as applicable on the last date of the quarter previous to the one under
consideration. (In respect of the justified period extended under the provisions of clause 5 of
the contract without any action under clause 2, the minimum wage prevailing on the last date
of quarter previous to the quarter pertaining to stipulated date of Completion or the minimum
Llo : Minimum daily wage in rupees of an unskilled adult male mazdoor, fixed under any law,
statutory rule or order as on the last stipulated date of receipt of Tender including extension, if
any.
(vii) The following principles will be followed while working out the compensation as per sub-
para (vi) above.
(a) The minimum wage of an unskilled male mazdoor mentioned in sub-para (vi) above shall be
the higher of the wage notified by Government of India, Ministry of Labour and that notified by
the local administration both relevant to the place of work and the period of reckoning.
(b) The escalation for labour also shall be paid at the same quarterly intervals when escalation
due to increase in cost of materials and/or P.O.L. is paid under this clause. If such revision of
minimum wages takes place during any such quarterly intervals, the escalation compensation
shall be payable at revised rates only for work done in subsequent quarters;
(c) Irrespective of variations in minimum wages of any category of labour, for the purpose of
this clause, the variation in the rate for an unskilled adult male mazdoor alone shall form the
basis for working out the escalation compensation payable on the labour component.
(viii) In the event the price of materials and/or wages of labour required for execution of the
work decrease/s, there shall be a downward adjustment of the cost of work so that such price
of materials and/or wages of labour shall be deductible from the cost of work under this
contract and in this regard the formula herein before stated under this Clause 10CC shall
mutatis mutandis apply, provided that:
(a) no such adjustment for the decrease in the price of materials and/or wages of labour
aforementioned would be made in case of contracts in which the stipulated period of
completion of the work is equal to or less than the time as specified in Schedule ‘F’.
(b) The Engineer-in-Charge shall otherwise be entitled to lay down the procedure by which the
provision of this sub-clause shall be implemented from time to time and the decision of the
Engineer-in-Charge in this behalf shall be final and binding on the contractor.
(ix) Provided always that:-
(a) Where provisions of clause 10CC are applicable, provisions of clause 10C will not be
applicable but provisions of clause 10CA will be applicable.
(b) Where provisions of clause 10CC are not applicable, provisions of clause 10C and 10CA will
become applicable.
CLAUSE 10 D
Material Govt. Property
The contractor shall treat all materials obtained during dismantling of a structure, excavation
of the site for a work, etc. as FCI’s property and such materials shall be disposed off to the best
CLAUSE 11
The contractor shall execute the whole and every part of the work in the most substantial and
workman like manner and both as regards materials and otherwise in every respect strict
accordance with the specifications. The contractor shall also confirm exactly fully and faithfully
to the designs, drawings and instructions in writing in respect of the work singed by the
Engineer-in-charge and the contractor shall be furnished free of charge one copy of the
specifications, and all the such drawings and instructions as are not included in the Central
Public Works Department compilation entitled “Specifications for work, at Delhi 2019 Vol. I & II
with upto date correction slips, in force from time to time or any other printed publication or
General Specifications referred to elsewhere in the Contract.
The Contractor(s) is / are to provide everything of every sort and kind (with the exceptions
noted in the schedule attached) which may be necessary and requisite for the due and proper
execution of the several works included in the contract whether original or altered according
to the true intent and meaning of the drawings and specifications taken together, which are to
be signed by the Engineer-in-charge and the contractor(s) whether the same may or may not
be particularly described in the specifications or shown on the drawings provided that the same
are reasonably to be inferred there from and in case of any discrepancy between the drawings
and the specifications the Engineer in-charge is to decide which shall be followed.
CLAUSE 12
The Engineer-in-Charge shall have power (i) to make alteration in, omissions from, additions to,
or substitutions for the original specifications, drawings, designs and instructions that may
appear to him to be necessary or advisable during the progress of the work, and (ii) to omit a
part of the works in case of non-availability of a portion of the site or for any other reasons and
the contractor shall be bound to carry out the works in accordance with any instructions given
to him in writing signed by the Engineer-in-Charge and such alterations, omissions, additions or
substitutions shall form part of the contract as if originally provided therein and any altered,
additional or substituted work which the contractor may be directed to do in the manner
specified above as part of the works, shall be carried out by the contractor on the same
conditions in all respects including price on which he agreed to do the main work except as
hereafter provided.
12.1 The time for completion of the works shall, in the event of any deviations resulting in
additional cost over the Tendered value sum being ordered, be extended, if requested by the
contractor, as follows :
(i) In the proportion which the additional cost of the altered, additional or substituted work,
bears to the original Tendered value plus (ii) 25% of the time calculated in (i) above or such
further additional time as may be considered reasonable by the Engineer-in-Charge.
(a) If the market rate for the substituted item so determined is more than the market rate of
the agreement item (to be substituted), the rate payable to the contractor for the substituted
item shall be the rate for the agreement item (to be substituted) so increased to the extent of
the difference between the market rates of substituted item and the agreement item (to be
substituted). (b) If the market rate for the substituted item so determined is less than the
market rate of the agreement item (to be substituted), the rate payable to the contractor for
the substituted item shall be the rate for the agreement item (to be substituted) so decreased
to the extent of the difference between the market rates of substituted item and the agreement
item (to be substituted).
Deviation, Deviated Quantities, Pricing In the case of contract items, substituted items, contract
cum substituted items, which exceed the limits laid down in schedule F, the contractor may
within fifteen days of receipt of order or occurrence of the excess, claim revision of the rates,
supported by proper analysis for the work in excess of the above mentioned limits, provided
that if the rates so claimed are in excess of the rates specified in the schedule of quantities, the
Engineer-in-Charge shall within one month of receipt of the claims supported by analysis, after
giving consideration to the analysis of the rates submitted by the contractor, determine the
rates on the basis of the market rates and the contractor shall be paid in accordance with the
rates so determined.
The provisions of the preceding paragraph shall also apply to the decrease in the rates of
items for the work in excess of the limits laid down in Schedule F, and the Engineer-in-
Charge shall after giving Notice to the contractor within one month of occurrence of the
excess and after taking into consideration any reply received from him within fifteen
days of the receipt of the Notice, revise the rates for the work in question within one
month of the expiry of the said period of fifteen days having regard to the market rates.
The contractor shall send to the Engineer-in-Charge once every three months, an up to
date account giving complete details of all claims for additional payments to which the
contractor may consider himself entitled and of all additional work ordered by the
Engineer-in- Charge which he has executed during the preceding quarter failing which
the contractor shall be deemed to have waived his right. However, the DGM may
authorize consideration of such claims on merits.
(ii) For abutments, piers and well staining: All works up to 1.2 m above the bed level.
(iii) For retaining walls, wing walls, compound walls, chimneys, overhead reservoirs/tanks and
other elevated structures: All works up to 1.2 meters above the ground level.
(iv) For reservoirs/tanks (other than overhead reservoirs/tanks): All works up to 1.2 meters
above the ground level.
(v) For basement: All works up to 1.2 m above ground level or up to floor 1 level whichever is
lower.
(vii) For Roads, all items of excavation and filling including treatment of sub base.
The contractor(s) is/are not to vary or deviate from the drawings, specifications or
instructions or execute any extra work of any kind whatsoever unless upon the authority of the
Engineer-in-Charge to be sufficiently shown by an order in writing or by plan or drawing
expressly given and signed by him as an extra or variation or by any subsequent written
approval signed by him. In compliance with the Engineer-in-Charge aforesaid order, plan or
drawing or approval involves extra work and/or expense beyond that involved in the execution
of the contract works, when unless the same were issued in consequence of some breach of
this contract on the part contractor(s) the latter shall be entitled to be paid the price of the said
work (to be valued as hereinafter provided) and/or the expense aforesaid.
Note: Individual trade means the trade sections into which a Schedule of quantities
annexed to the agreement has been divided or in the absence of any such division the individual
sections of C.P.W.D. Schedule of Rate specified such as, excavation and earth work, concrete,
wood work and joinery etc.
CLAUSE 13 If at any times after the commencement of the work the Food Corporation
of India shall for any reason whatsoever not require the whole or any part of the works thereof
as specified in the Tender to be carried out, the Engineer-in-Charge shall give Notice in writing
of the fact to the contractor who shall have no claim to any payment to compensation
whatsoever on account of any profit or advantage which he might have derived from the
execution of the work not having been carried out, neither shall he have any claim for
compensation by reason of any alterations having been made in the original specifications,
drawings, designs and instructions, which shall involve and curtailment of the work as originally
contemplated.
Provided that the contractor shall be paid the charges on the cartage only of, materials
actually and bonafide brought to the site of the work by the contractor and rendered surplus
as a result of the abandonment or curtailment of the work or any portion thereof and taken
CLAUSE 14
If contractor:
i) At any time makes default during currency of work or does not execute any part of the work
with due diligence and continues to do so even after a notice in writing of 7 days in this respect
from the Engineer-in-charge; or
ii) Commits default in complying with any of the terms and conditions of the contract and does
not remedy it or takes effective steps to remedy it within 7 days even after a notice in writing
is given in that behalf by the Engineer-in-Charge; or
Fails to complete the work(s) or items of work with individual dates of completion, on or before
the date(s) so determined, and does not complete them within the period specified in the
notice given in writing in that behalf by the Engineer-in-Charge.
The Engineer-in-Charge without invoking action under Clause 3 may, without prejudice to any
other right or remedy against the contractor which have either accrued or accrue thereafter to
Corporation, by a notice in writing to take the part work / part incomplete work of any item(s)
out of his hands and shall have powers to:
(a) Take possession of the site and any materials, constructional plant, implements, stores
etc. thereon; and/or
(b) Carry out the part work / part incomplete work of any item(s) by any means at the risk
and cost of the contractor.
The Engineer-in-charge shall determine the amount, if any, is recoverable from the contractor
for completion of the part work/part incomplete work of any item(s) taken out of his hands and
execute at the risk and cost of the contractor, the liability of contractor on account of loss or
damage suffered by the Corporation of action under this clause shall not exceed 10% of the
tendered value of the work.
In determining the amount, credit shall be given to the contractor with the value of work done
in all respect in the same manner and at the same rate as if it had been carried out by the
original contractor under the terms of his contract, the value of contractor’s materials taken
over and incorporated in the work and use of plant and machinery belonging to the contractor.
The certificate of the Engineer-in-charge as to the value of work done shall be final and
conclusive against the contractor provided always that action under this clause shall only be
taken after giving notice in writing to the contractor. Provided also that if the expenses incurred
by the department are less than the amount payable to the contractor at his agreement rates,
the difference shall not be payable to the contractor.
Any excess expenditure incurred or to be incurred by Corporation in completing the part work
/ part incomplete work of any item(s) or the excess loss of damages suffered or may be suffered
If the contractor fails to pay the required sum within the aforesaid period of 30 days, the
Engineer-in-Charge shall have the right to sell any or all the contractors’ unused materials,
constructional plant, implements, temporary building at site etc. and adjust the proceeds of sale
thereof towards the dues recoverable from the contractor under the contract and if thereafter
there remains any balance outstanding, it shall be recovered in accordance with the provisions
of the contract/law.
In the event of above course being adopted by the Engineer-in-Charge, the contractor shall have
no claim to compensation for any loss sustained by him by reason of his having purchased or
procured any materials or entered into any engagements or made any advance on any account
or with a view to the execution of the work or the performance of the contract.
CLAUSE 15 All work under or in course of execution or executed in pursuance of the contract
shall at all times be open to the inspection and supervision of the Engineer-in-Charge and his
authorized subordinate and contractor shall at all time during the usual working hours and at
all other times at which reasonable Notice of the intension of the Engineer-in-Charge or his
subordinate to visit the works shall have been given to the contractor, either himself be present
to receive order and instructions or have a responsible agent duly accredited in writing present
for the purpose. Order given to the contractor’s agent shall be considered to have the same
force as if they had been given to the contractor himself. The work can also be inspected by the
Chief Technical Examiner or his authorized Representative on behalf of the Engineer-in-Charge.
CLAUSE 16 The contractor shall give not less than seven days’ Notice in writing to the Engineer-
in-charge or his subordinate in charge of the work before covering tip or otherwise placing
beyond the reach of measurement any work in order that the same may be measured and
correct dimensions thereof be taken before the same is so covered up to place beyond the
reach of measurement and shall not cover up and place beyond the reach of measurement any
work without the consent in writing of the Engineer-in-Charge or his subordinate in charge of
the work, who shall within the aforesaid period of 7 days inspect the work and if any work shall
be covered up or place beyond the reach of measurement, without such Notice having been
given or Engineer-in-Charge consent being obtained, the same shall be uncovered at the
contractor, expense, or in default thereof no payment of allowance shall be made for such work
or the materials with which the same was executed.
CLAUSE 17 If the contractor or his working people or servants shall break, deface,
injure or destroy any part of building in which they may be working or any building, road kerb,
fence, enclosure, water pipe, cables, drains, electric or telephone post of wire, trees, grass or
grassland, or cultivated ground continuous to the premises on which the work or any part of
it is being executed or if any damage shall happen to the work while in progress, from any
cause whatever or if any defect, shrinkage or other faults appear in the work within 12 months
after a certificate final or otherwise of its completion shall have been given by the Engineer-
in-Charge as aforesaid arising out of defect or improper material or workmanship the
CLAUSE 18. The contractor shall supply and provide at his own cost all materials
(except such special materials, if any, as may in accordance with the contract be supplied from
the Engineer-in-Charge stores) plant tools, appliances, implements, ladders, cordage, tackle,
scaffolding and temporary work requisite or proper for the proper execution of the work,
whether original altered or substituted and whether included in the specification or other
documents forming part of contract or referred to in those conditions or not, or which may
be necessary for the purpose of satisfying or complying with the requirement of the Engineer-
in-Charge as to any matter as to which under these conditions he is entitled to be satisfied or
which he is entitled to require together with carriage thereof to and from the work. The
contractors shall also supply without charge the requisite number of persons with the means
and materials, necessary for the purpose of setting out works, and counting, weighing and
assisting of the measurement of examination at any time and from time to time of the work
of materials. Failing this so doing the same may be provided by the Engineer-in-Charge at the
expense of the contractor and the expense may be deducted from any money due to the
contractor under the contract and or from his Security Deposit or the proceeds of sale thereof,
or of a sufficient portion thereof.
CLAUSE 18AIn every case in which by virtue of the provisions of Section 12 Subsection.
(i) of the Workmen’s Compensation act, 1923 Food Corporation of India is obliged to
pay compensation to a workman employed by the contractor in execution of the
works, the Corporation will recover from the contractor the amount of the
compensation so paid and without prejudice to the rights of the Corporation under
Section 12, Subsection (2) of the said Act, the Corporation shall be a liberty to recover
such amount or any part thereof by deducting it from the Security Deposit or from
any sum due by the Corporation to the contractor whether under this contract or
otherwise, the Corporation shall not be bound to contest any claim made against it
under Se4ction 12 subsection (1) of the said Act except on the written request of the
contractor and his giving to the Corporation full Security for all costs for which the
Corporation might become liable in consequence of contesting such claim.
CLAUSE 19 : The contractor shall obtain a valid license under the Contract labour
(R&A) Act, 1970 and the contract labour (Regulation and Abolition) Central Rules,1971 before
the commencement of the work, and continue to have a valid license until the completion of
The Contractor shall also comply with the provision of the building and other construction
workers (Regulation) Employment and conditions of service Act, 1986 and the building and
other construction worker’s welfare cess Act, 1996. Any failure to fulfill this requirement shall
attract the panel provisions of this contract arising out of the resultant nor/execution of the
work.
CLAUSE 19A. No labourer below the age of eighteen years shall be employed on the
work.
CLAUSE 19B. Every worker shall be given paid weekly holiday normally on Sunday in
accordance with provision of Minimum Wages (Central) Rules, 1970, as amended from time
to time irrespectively of whether such worker is governed by the Minimum Wages Act 1948
or Payment of wages to labourers
(a) The contractor shall pay not less than fair wage to labourers engaged by him
on the work, as per Schedule of fair wages.
Explanation “Fair Wage” means wages whether for time or piece-work notified at the
time of inviting Tenders for the work and where such wages have not been so notified the
wages prescribed by the Central Public Works Department for the district in which the work
is done. It will be notified/prescribed by CPWD in consultation with the officers of Industrial
Relations; Machinery located in the respective areas and will not be less than the Minimum
rates of Wages fixed by the Government for that class of employees engaged on the same
type of work in the same area.
The contractor shall notwithstanding the provision of any contract to the
contrary cause to be paid fair wage to labourer indirectly engaged on the
work, including any labour engaged by his sub-contractors in connection with
the said work, as if the labourer has been immediately employed by him.
(b) All persons employed by the contractor shall be engaged by him as his own
employees / workers in all respects and all rights and liabilities under the
Indian Factories Act, or the Employees Compensation Act and Employees
Provident Fund & Misc. Provisions Act, or any other similar applicable
enactments in respect of all such personnel shall exclusively be that of the
contractor. The contractor shall be bound to indemnify the Corporation
against all the claims whatsoever in respect of his personnel under the
Employees Compensation Act, 1923 or any statutory modification thereof or
otherwise for or in respect of any damage or compensation payable in
consequence of any accident or injury sustained by any workmen or other
person whether in employment of the Contractor or not.
(i) The contractor shall be liable for making contributions in accordance with the
provisions of the Employees Provident Funds & Misc. Provisions Act, 1952 and
the scheme framed there-under in respect of the labour employed by him.
The contractor shall recover the amount payable by such employees and pay
(iv) The Contractor shall maintain and submit following Records & Returns prescribed
under the EPF Act 1952 and the Scheme framed there-under to the Authority
designated under the said Act and to the General Manager, Food Corporation of
India or any officer acting on his behalf :-
(iii) The Contractor shall, within 7 days of the close of every month, submit to the Principal
Employer (Corporation), a Statement showing the recoveries of Contribution in
respect of Employees employed by or through him and shall have to furnish to him
such information as the Principal Employer (Corporation) is required to furnish under
the provisions of Employees Provident Fund Scheme 1952 to the Commissioner.
(iv) The Contractor shall maintain Inspection Note Book in the form as may be specified
by the Commissioner, for an Inspector to record his observations on his visit. The
Contractor shall also make available the same when asked for inspection to the
Officers of the Regional Provident Fund Commissioner and to the General Manager,
Food Corporation of India or Officer authorized by him or acting on his behalf.
(C) If the Contractor fails to submit the prescribed Returns, Records and other documents
to the designated authority under the EPF & MP Act, 1952 and Scheme framed
thereunder and also to General Manager, Food Corporation of India or an Officer
(d) In complying with the said enactments or any statutory modifications thereof, the
contractor shall also comply with or cause to be complied with the labour regulations
enactments made by the State Govt./Central Govt. from time to time in regard to
payment of wages to the workers, wage period, deduction from wages, recovery of
wages not paid and deductions unauthorized made, maintenance of wage book and
wage slip, publication of the scale of wages and other terms of employment,
inspection and submission of periodical return and all other matters of like nature.
(e) Notwithstanding the fact whether the said legislations, enactments or any statutory
modifications thereof, are applicable or not the employees / workers employed by
the contractor he shall comply with the following :-
The contractor shall pay not less than minimum wages to the workers
engaged by them on either time rate basis or piece rate basis on the work. Minimum
wages both for the time rate and for the piece rate work shall mean the rate(s)”
notified by Appropriate Authority from time to time during the currency of contract
period. Where such wages have not been so notified by the appropriate authority,
the wages prescribed by the General Manager (R), as minimum wage shall be made
applicable. The contractor shall maintain following records and registers as per
Minimum Wages Act, 1948 & Central Rules made thereunder:
Attendance Allowance:
The contractor shall pay attendance allowance per day @ 50% of the daily
wages notified by the Ministry of Labour under the Minimum Wages Act from time to
time to the regular workers generally employed by him on piece rate or time rate basis
when such worker report for duty on the day but is not booked or given work for the
day shift. Aforesaid wage / benefits at Clause ……………. shall be deemed to be a part
of this contract.
(g) (i)Every tenderer whose tender is accepted by the Corporation shall immediately
apply in Form V for license to the prescribed licensing authority through the FCI (principal
employer) in terms of Section 12 of the Contract Labour (R&A) Rules, 1971 before entering
upon any work under the contract. The Contractor shall also obtain temporary licenses
whenever required under rule 32 of the relevant Rules in case where he intends to employ
more labour in number than that mentioned in the regular license for short durations not
exceeding 15 days. The contractors shall also make an application in Form VII through the
principal employer (FCI) for renewal of the expiring of the regular license as the regular
license is valid for 12 months. The contractor shall also get the temporary license renewed
whenever necessary through the Principal Employer. If for any reason, the application for a
license is finally rejected by the licensing / appellate authority, the contract shall be liable to
be terminated at the risk and cost of the contractor and the decision of the Engineer-in-charge
(v) Every contractor shall issue a Service Certificate in Form – XV to the workman on
termination of his services as per Rule 77.
(vi) As per Rule 82 (1), every contractor shall submit Half Yearly returns ‘in duplicate
in Form – XXIV to Licensing Officer within 30 days from the close of half year.
(vii) Notice to be displayed as required under Rule 81(1) and copy of notice to be sent
to Inspector as per Rule 81(2).
(viii) The contractor shall also maintain following records / registers also:
(a) Muster Roll in Form – XVI.
(b) Register for deduction for damage, loss in Form XX as per Rule 78(1)(a)(ii).
(c) Register of Fines in Form – XXI.
(h) The contractor also comply with all Rules, Acts and Regulations made by the State
Govt./Central Govt. from time to time pertaining to the contract, including all labour laws.
CLAUSE 19C in respect at all directly or indirectly employed in the work for the
performance of the contractors parts of this Agreement the contractor shall at his own
expense arrange for the safety provisions as per Safety Code framed from time to time and
shall at his own expense provide for all facilities in connection therewith. In case the
contractor fails to make arrangement to provide necessary facilities as aforesaid he shall be
liable to pay a penalty of Rs.50 for each default and in addition the Engineer-in-Charge shall
be at liberty to make arrangement and provide facilities as aforesaid and recover the cost
incurred in that behalf from the contractor.
CLAUSE 19 D. The contractor shall submit, by the 4th and 19th of every month, to the
Engineer-in-Charge a true Statement showing in respect of the second half of the preceding
month and first half of the current month, respectively (1)(the number of labourer employed
by him on the work) (2) their work hours (3) the wages paid to them, (4) the accidents that
occurred during the said fortnight showing the circumstances under which they happened and
the extent of damage injury caused by them and (5) the number of female workers who have
been allowed Maternity Benefits according to Clause 19 and the amount paid to them failing
which the contractor shall be liable to pay the corporation a sum not exceeding Rs.50/- for
CLAUSE 19 E. In respect of all labourer directly or indirectly employed in the work for
the performance of the contractor’s part of this Agreement, the contractor shall comply with
or cause to be compiled with all the rules framed by the Government from time to time for
the protection of health and sanitary arrangements for the workers employed by the
contractor.
CLAUSE 19 F. Leave and pay during leave shall be regulated as follows:-
1. Leave
i) In case of delivery, maternity leave not exceeding 8 weeks; 4 weeks upto and
including the day of delivery and 4 weeks following that day.
ii) In the case of miscarriage upto 3 weeks from the date of miscarriage.
2 Pay:
i) In case of delivery – leave pay during maternity leave will be at the rate of
woman’s average daily earnings calculated on total wages earned on the days
when full time work was done during a period of 3 months immediately
preceding the date on which she gives Notice that she expects to be confined
or at the rate of seventy five paisa a day whichever is greater.
ii) In case of miscarriage leave pay at the rate of average daily earnings
calculated on the total wages earned on the days when full time work was
done during a period of 3 months immediately preceding the date of such
miscarriage.
3. Conditions for the Grant of Maternity leave - No Maternity leave benefit shall
be admissible to a woman unless she has been employed for a total period
not less than 6 months immediately preceding the date on which she
proceeds on leave.
CLAUSE 19 G. In the event of the contractor(s) committing a default or breach of any of the
provisions of the Contractors Labour Regulations and Model Rules for the protection of health
and sanitary arrangements for the works as amended from time to time or furnishing any
information or submitting or filling any statement under the provisions of the above
regulations and rules which is materially incorrect. He/they shall without prejudice to any
other liability pay to the corporation a sum not exceeding Rs.50/- for every default breach or
furnishing. Making, submitting, filling such materially in correct statement and in the event of
the contractor(s) defaulting continuously in this respect, the penalty may be enhanced to
Rs.50/- per day of default subject to maximum of 5% of the estimated cost of the work put to
Tender. The decision of the Engineer-in-Charge shall be final and binding on the parties.
Should it appear to the Engineer -in-Charge that the contractor(s) is/are not properly
observing and complying with the Model Rules for the protection of health and sanitary
arrangements for work people employed by the contractor(s) (HEREIN AFTER REFERRED TO
1. (a) All the huts shall have walls of sun-dried or burnt bricks laid in mud mortar
or other suitable local materials as may be approved by the Engineer-in-
Charge. In case of sundried bricks, the walls should be plastered with mud
gobri on both sides. The floor may be kacha but plastered with mud gobri and
shall at least 6” above the surrounding ground. The roofs shall be laid with the
ached or and other materials as may be approved by the Engineer-in-Charge
and the contractor shall ensure that throughout the period their occupation
the roofs remain water tight.
(b) The contractor(s) shall provide each but with proper ventilation.
(c) All doors, windows, and ventilations shall be provided with suitable leaves for
security purposes.
(d) There shall be kept an open space of atleast 8 yards between the rows of the
huts which may be reduced to 20 ft. according to the availability of site with
the approval of the Engineer-n-Charge back to back construction will be
allowed.
3. The site selected for the camp shall be high ground, removed from jungle.
4. Disposal of Excreta – The contractor(s) shall make necessary arrangement for the
disposal of excreta from the latrines by trenching or incineration which shall be
according to the requirements laid down by Local Health Authorities. If trenching in
incineration is not allowed, the contractor(s) shall make arrangements for the removal
of the excreta through the Municipal Committee/Authority and inform it about the
number of labourer employed so that arrangements may be made by such
committee/authorities for the removal of the extra. All charges on this account shall
be borne by the contractor and paid direct by him to the municipality authority. The
contractor shall provide one sweeper for every 8 seats in case of dry system.
6. Lighting – The contractor(s) shall make necessary, arrangements for keeping the camp
area sufficiently lighted to avoid accidents to the works.
7. Sanitation – The contractors shall make arrangements for conservancy and sanitation
in the labour camps according to the rules of the Local Public Health and Medical
Authorities.
CLAUSE 19-I. The Engineer-in-Charge may require the contractor to dismiss or remove
from the site of the work any person or persons employed by the contractor upon the work
who may be incompetent or misconduct himself and the contractor shall forthwith comply
with such requirements.
CLAUSE 20 . The contractor shall comply with all the provisions of the minimum Wages
Act, 1948 and rules framed there-under and other Labour Laws.
CLAUSE 21– The contract shall not be assigned or sublet without the written approval
of the Engineer-in-Charge. And if the contractor shall assign or sublet his contract, or attempt
so to do, or become insolvent or commence any insolvency proceedings or any composition
with this creditors or attempt so to do, or if any bribe, gratuity, gift, loan, perquisite reward
or advantage, pecuniary or otherwise, shall either directly or indirectly, be given, promised or
offered by the contractor, or any of his servants or agents to any public officer or persons in
the employment of the Corporation in any way relating to his office or employment or if any
such officer or person shall become in any directly or indirectly interested in the contract the
Engineer-in-Charge on behalf of the Food Corporation of India shall have power to adopt any
other the courses specified in Clause 3 as he may deem best suited in the interest of the
CLAUSE 22. All sums payable by way of compensation under any of these conditions
shall be considered as reasonable compensation to be applied to the use of the Corporation
without reference to the actual loss or damage sustained and whether or not any damage
shall have been sustained.
CLAUSE 23. Where the contract is Partnership Firm, the previous approval in writing
of the Engineer-in-Charge shall be obtained before any change is made in the constitution of
the firm. A Hindu Undivided Family (either as a Proprietor or Partner of a Firm) shall not be
entitled to apply for Tender. Any Tender submitted in the capacity of Hindu Undivided Family
(either as a Proprietor or Partner of a Firm) shall be summarily rejected.
CLAUSE 24. All works to be executed under the control shall be executed under
the direction and subject to the approval in all respects of the Engineer-in-Charge who shall
be entitled to direct at what point or points and in what manner they are to be commenced
and from time to time carried on.
CLAUSE 25. Except where otherwise provided in the contract, all questions and
disputes relating to the meaning of the specifications, design, drawings and instructions here-
in before mentioned and as to the quality of workmanship or materials used on the work or
as to any other question, claim, right, matter or thing whatsoever in any way arising out of or
relating to the contract, designs, drawings, specifications, estimates, instructions, orders or
these conditions or otherwise concerning the works or the execution or failure to execute the
same whether arising during the progress of the work or after the cancellation, termination,
completion or abandonment thereof shall be dealt with as mentioned hereinafter:
(i) If the contractor considers any work demanded of him to be outside
the requirements of the contract, or disputes any drawings, record or decision
given in writing by the Engineer-in-charge on any matter in connection with
or arising out of the contract or carrying out of the work, to be unacceptable,
he shall promptly within 15 days request the General Manager (Engg.), Hqrs.
in writing for written instruction or decision. Thereupon, the General
Manager (Engg.) shall give his written instructions or decision within a period
of one month from the receipt of the contractor’s letter. If the General
Manager (Engg.) fails to give his instructions or decision in writing within the
aforesaid period or if the contractor is dissatisfied with the instructions or
decision of the General Manager (Engg.), the contractor may, within 15 days
of the receipt of General Manager (Engg.) decision, appeal to the Executive
Director (Engg.) who shall afford an opportunity to the contractor to be heard,
if the latter so desires, and to offer evidence in support of his appeal. The
Executive Director (Engg.) shall give his decision within 30 days of receipt of
contractor appeal. The contract will be governed by the laws of India for the
time being in force.
(ii) Except where the decision has become final, binding and conclusive in terms
of Sub Para (i) above, disputes or difference shall be referred for adjudication
in the appropriate court of law having competent jurisdiction.
CLAUSE 29 (2). Any sum of money due and payable to the contractor (including
Security Deposit returnable to him) under this contract, may be appropriated by the
Corporation and SET OFF against any claim of the Corporation for the payment of a sum of
money arising out of or under any other contract made by the contractor with the
Corporation.
CLAUSE 29 (3) FCI reserves to claim from the contractor any amount of tax, interest,
penalty and litigation cost, if any, that may be incurred in future due to GST
reporting/compliance mistake (s) on part of contractor.
CLAUSE 30. The contractor shall not employ coal mining or controlled area labour
falling under any category whatsoever on or in connection with the work or recruit labour
from area within a radius of 20 miles of the controlled area. Subject as above the contractor
shall employ imported labour only i.e. depot imported labour or labour imported by
contractors from area, from which import is permitted.
Where ceiling price for imported labour has been fixed by State or Regional Labour
Committees not more than that ceiling price shall be paid to the labour by the Contractor.
It is declared as agreed between the parties that the aforesaid stipulation in this clause
is one in which the public are interested within the meaning of the exception of Section 74 of
the Indian Contract Act 187.
Any other area which may be declared as “Controlled area” by or with the approval
of the Central Government for works at Delhi.
CLAUSE 31. The contractor shall make his own arrangement; for unfiltered water
required or the work and nothing extra will be paid for the same. This will be subject to the
following conditions:
(1) That the water used by the contractor shall be fit for construction purposes
to the satisfaction of the Engineer-in-charge.
CLAUSE 31 (I) Water, if available will be supplied to the contractor, by the Department
subject to the following conditions:
CLAUSE 32 (i) where there is no piped water supply arrangement and the water is
taken by the contractor from the well or hand pumps constructed by the Corporation no
charge shall be recovered from the contractor on that account. The contractor shall, however,
draw water at such hours of the day that it does not interfere with the normal use for which
the hand pumps and wells are intended. He will also be responsible for damage and abnormal
repairs arising out of his use, the cost of which shall be recoverable from him. The Engineer-
in-charge shall be the final authority to determine the cost recoverable from the contractor in
this account.
(ii) The contractor shall be allowed to construct temporary wells in Corporation land for
taking water for construction purposes only after he has got permission of the Engineer-in-
charge in writing. No charges shall be recovered from the contractor on this account, but the
contractor shall be required to provide necessary safety arrangements to avoid any accidents
or damages to adjacent buildings, roads and service lines. He shall be responsible for any
accidents or damage caused due to construction and subsequent maintenance of the well and
shall restore the ground to its original condition after the wells are dismantled on completion
of the work.
CLAUSE 33. Notwithstanding anything contained to the contrary in any or all the clauses
of this contract, where any materials for the execution of the contract are procured with the
assistance of the Corporation either by issue from Corporation stocks or purchase made under
orders or permits or licences issue by the Corporation the contractor shall hold the said
materials economically and solely for the purpose of the contract and not dispose of them
without the permission of the Corporation and return, if required by the Engineer-in-charge,
all surplus or unserviceable material that may be left with him after completion of the contract
or at its termination for any reason whatsoever on being paid or credit such price as the
Engineer-in-charge shall determine having due regard to the condition of the materials. The
price allowed to the contractor however shall not exceed the amount charged to him including
the storage charge, if any. The decision of the Engineer-in-charge shall be final and conclusive.
In the event of breach of the contravention of the terms of the licence or permit and / or
criminal breach of trust, be liable to the Corporation for all money advantages or profits
resulting or which in the usual course would have resulted to him by reason of such breach.
CLAUSE 34.
(i) The contractor shall collect the total quantity of tar or bitumen required for
the work as per standard formula, before the process of painting is started. If any
bitumen or tar remains unused on completion of the work on account of lesser use of
(ii) The contractor shall be responsible for rectifying defects Noticed within a year
from the date of completion of the work and the portion of Security Deposit relating
to asphaltic work shall be refunded after the expiry of this period.
(i) The contractor shall be responsible for rectifying defects noticed within 5 years from date
of completion of road work for which, portion of security deposit shall be refunded as detail
given below:
(ii) Security Deposit will be released only after a Certificate from concerned AGM (Engg.) is
enclosed stating that work has been checked and found in good condition without any damage in
CC Road.
(iii) Final bill of at least 5% of tendered value be released only after the inspection of work by
concerned GM(R) and technical team from Hqrs after receiving completion certificate.
(iv) In case contractor does not undertake the maintenance of CC road within 21 days from the
date of lodging written complaint, work will be taken up by the Engineer-in-Charge and the
deduction will be made from his Security Deposit.
(v) In case contractor does not undertake the maintenance on regular basis, his Security Deposit
will be forfeited to get the work done and will be debarred for participating in Roofing Works /
Building Works for 5 years in FCI.
CLAUSE 35. The whole work may be split up between two or more contractors or
accepted in part and not in entirety, if considered expedient.
CLAUSE 36.
(i) Deleted
(ii) The contractor shall deposit royalty and obtain necessary permit for supply of
the red bajri, stone, kankar etc. from local authorities.
CLAUSE 36A -
(i) All Tendered rates shall be inclusive of all taxes including Goods and Service
Tax (as applicable) and levies payable under respective statutes. The amount of
Goods and Service Tax attributable towards the liability on the contract shall be
borne by the contractor and GST invoice will be submitted with each Bill.
(ii) The contractor shall kept necessary Books of accounts and other documents for
the purpose of this condition as may be necessary and shall allow inspection of
the same by a duly authorised Representative of the FCI and/or the Engineer-in-
charge and further shall furnish such other information / document as the
Engineer-in-charge may require from time to time.
(iii) The contractor shall, within a period of 30 days of the imposition of any such
further tax or levy, pursuant to the Constitution (forty Sixth Amendments) Act
1982, give a written Notice thereof to the Engineer-in-charge that the same is
given pursuant to this condition, together with all necessary information relating
thereto.
CLAUSE 37. Without prejudice to any the rights or remedies under this contract,
if the contractor dies, the AGM (Engg.) on behalf of the Food Corporation of India shall have
the option of termination of the contract without compensation to the contractor.
CLAUSE 38. No Engineer of Gazetted rank or other Gazetted officer employed in Engineering or
Administrative duties in an Engineering Department of the Government of India and / or Food
Corporation of India is allowed to work as a contractor for a period of two years of his retirement
from Government service without the previous permission of Government of India and / or Food
Corporation of India. This contract is liable to be cancelled if either the contractor or any of his
employees is found at any time to be such a person who has not obtained the permission of
Government of India as aforesaid before submission of the Tender or engagement in the
contractor’s service as the case may be.
CLAUSE 38 (a) Contractor Superintendence, Supervision, Technical Staff &
Employees
i) The contractor shall provide all necessary superintendence during execution of the
work and as along thereafter as maybe necessary for proper fulfilling of the obligations under
the contract.
The contractor shall immediately after receiving letter of acceptance of the Tender
and before commencement of the work, intimate in writing to the Engineer-in-Charge the
name, qualifications, experience, age, address and other particulars along with certificates, of
the principal technical Representative to be in charge of the work. Such qualifications and
experience shall not be lower than specified in Schedule ‘F’. The Engineer-in-Charge shall
within 15 days of receipt of such communication intimate in writing his approval or otherwise
of such a Representative to the contractor. Any such approval may at any time be withdrawn
ii) The contractor shall provide and employ on the site only such Technical Assistants as
are skilled and experienced in their respective fields and such foremen and supervisory staff
as are competent to give proper supervision to the work.
The contractor shall provide and employ skilled, semiskilled and unskilled labour as is
necessary for proper and timely execution of the work.
CLAUSE 39:
i) After completion of the work and also at any intermediate stage in the event of
non- reconciliation of materials issued, consumed and in balance theoretical quantity of
materials issued by the corporation for use in the work shall be calculated on the basis and
method given hereunder:-
c) Theoretical quantity of G.I. & C.I. or other pipes, conduits, wires and cables, pig lead
and G.I./M.S. sheets shall be taken as quantity actually required and measured plus 5% for
wastage due to cutting into pieces (except in the case of G.I./M.S. sheets it shall be 10%), such
determination & comparison being made diameter wise and category wise.
For non-schedule items, the decision of the DGM (CE/EE) regarding theoretical
quantities of materials which should have been actually used shall be final and binding on the
contractor.
iii) The said action under this clause is without prejudice to the right of the corporation
to take action against the contractor any other conditions of contract for not doing the work
according to the prescribed specifications.
“The work (whether fully constructed or not) and all materials, machines tools and
Clause 41: FCI reserves the right to forthwith cancel any supplies under this contract if the
contractor is blacklisted by the GST authorities.
Safety Code
(i) Suitable scaffolds should be provided for workmen for all works that cannot
safely be done from the ground or from solid construction except such short period works as
can be done safely from ladders. When a ladder is used an extra mazdoor shall be engaged
for holdings the ladder and if the ladder is used for carrying material is well, suitable footholds
and handholds shall be provided on the ladder and the ladder shall be given an inclination not
steeper than ¼ to 1 (4 horizontal and 1 vertical).
(ii) Scaffolding or staging more than 12 ft. Above the ground or floor, swung or
suspended from an overhead support or erected with stationary support shall have guard rail
properly attached bolted, braced and otherwise secured at least 3 feet high above the floor
or platform of such scaffolding or staging and extending along with entire length of the outside
and ends thereof with only such opening as may be necessary for the delivery of materials.
Such scaffolding shall be so fastened as to prevent it from swaying from the building or
structure.
(v) Safe means of access shall be provided to all working platforms and other
working places. Every ladder shall be securely fixed; no portable single ladder shall be over
30 feet in length while the width between side rail in rung ladder shall in no case be less than
11-1/2” for ladder upto and including 10 feet in length. For longer ladders this width should
be increased at least ½” for each additional foot or length. Uniform step spacing shall not
exceed 12. Adequate precautions shall be taken to prevent danger from electrical
equipment’s. No materials on any of the sites of work shall be so stacked or placed as to cause
danger or inconvenience to any person of the public. The contractor shall provide all
necessary fencing and lights to protect the public from accidents, and shall be bound to bear
the expenses of defence of every suit, action or other proceedings at law that may be brought
by any person for injury sustained owing to neglect of the above precautions and to pay any
damaged and cost which may be awarded in any such suit, action or proceedings to any such
persons or which may with the consent of the contractor be paid to compromise any claim by
any such persons.
(vi) Excavations and Trenching All trenches four feet or more in depth, shall at all
times be supplied at least one ladder for each 100 feet in length or fraction thereof ladder
shall be extended from bottom of trench to at least 3” above the surface of the ground, the
side of trench which are 5”, or more in depth shall be stepped back to give suitable slope or
security held by timber bracing so as to avoid the danger of side to collapse. The excavated
(vii) Demolition: Before any demolition work is commenced and also during
the process of the work:
(a) all roads and open areas adjacent to the work site shall either be closed or
suitably protected;
(b) no electric cable or apparatus which is liable to be a source of danger over a
cable or apparatus used by the operator shall remain electrically charged.
(c) all practical steps shall be taken to prevent danger to persons employed from
risk of fire or explosion or flooding. No floor, roof or other part of the building
shall be over-loaded with debris or materials as to render is unsafe.
(viii) All necessary personal safety equipment as considered adequate by the
Engineer-in-charge should be kept available for the use of the person employed on the site
and maintained in a condition suitable for immediate use and the contractor should take
adequate steps to ensure proper use of equipment by those concerned.
(a) Worker employed on mixing asphaltic materials, cement and lime mortar
shall be provided with protective footwear and protective goggles.
(b) Those engaged in white washing and mixing or staking of cement bags or any
material which is injurious to the eyes shall be provided with protective
goggles.
(c) Those engaged in welding works shall be provided with welder’s protective
eye shields.
(d) Stone breakers shall be provided with protective goggles and protective
clothing and seated at sufficiently safe intervals.
(e) When workers are employed in sewers and manholes, which are in used, the
contractor shall ensure that the manhole covers are opened and are
ventilated at least for an hour before the workers are allowed to get into the
manholes and the manholes so opened shall be cordoned off with suitable
railing and provided with warning signals or boards to prevent accident to the
public.
(f) The contractor shall not employ men below the age of 18 years and women
on the work of painting with products containing lead in any form. Wherever
men above the age of 18 years are employed on the work of lead painting the
following precautions should be taken.
(g) No paint containing lead or lead products shall be used except in the form of
paste or ready-made paint.
(h) Suitable face masks should be supplied for use by the workers when paint
applied in the form of spray or a surface having lead paint dry rubbed and
scrapped.
(xii) To ensure effective enforcement of the rules and regulations relating to safety
precautions, the arrangement made by the contractor shall be open to inspection by the
Labour Officer, Engineer-in-Charge of the department for their Representatives.
(xiii) Notwithstanding the above clauses from (i) to(xiv) there is nothing in these to
exempt the contractor from the operations of any other Act or rule in force in the Republic of
India.
(d) A reliable pump shall be fitted to each covered well the trap-door shall be kept locked
and opened only for cleaning or inspection which shall be done at least once a month.
5. Washing and Bathing Place:
9. Construction of Latrine :
The inside walls shall be constructed of masonry or some suitable heat-resisting non-
absorbent materials and shall be cement-washed inside and outside at least once a year. The
dates of cement washing shall be noted in a register maintained for the purpose and kept
available for inspection. Latrines will not be of a standard lower than borne hole system and
should have thatched roofs.
12. Creches:
At every work place, at which 50 or more women workers are ordinarily employed,
there shall be provided two huts for the use of children under the age of 8 years
belonging to such women. One hut shall be used for infant’s games and play and the
other as their bed room. The huts shall not be constructed on a lower standard than
the following.
(i) Thatched roof.
(ii) Mud floors and walls
(iii) Planks spread over the mud floor and covered matting.
The huts shall be provided with suitable and sufficient openings for light and
ventilation. There shall be adequate provision of sweeper to keep the place clean.
There shall be two Dais in attendance. Sanitary utensils shall be provided to the
satisfaction of the Health Officer of the area concerned. The use of the hut shall
be restricted to children their attendants and mothers of the children.
(a) Where the number of women workers is more than 25 but less than 50, the
contractor shall provide at least one hut and one Dais to look after the children of
women workers.
(b) The size of crèche or crèches shall vary according to the number of women
workers.
(c) The creche or crèches shall properly be maintained and necessary equipment like
toys etc. shall be provided.
13. Canteen
A cooked foods canteen on moderate scale shall be provided for the benefit of
workers wherever it is considered expedient.
14. The above rules shall be incorporated in the contracts and in Notices inviting Tenders
and shall form an integral part of the contract.
2a. Normally working hours of an adult employee should not exceed 9 hours a
day; the working day shall be so arranged that inclusive of interval for rest, if any it
shall not spread even more than 12 hours on any day.
2b. When an adult worker is made to work for more than 9 hours on any day or
for more than 48 hours in any week he shall be paid overtime for the extra hours put
in by him at double the ordinary rate of wages.
2c. Every worker shall be given a paid weekly holiday normally on Sunday in
accordance with the provisions of minimum wages (central rules, 1960 as amended
from time to time irrespective of whether such worker is governed by the Minimum
Wages Act 1948 or not).
(a) Before the commences his work on contract display and correctly maintain and
continue to display and correctly maintain in a clean and legible condition in
conspicuous places on the work, Notice in English and in the local Indian Language
spoken by the majority workers, giving the rate of wages which have been certified
by the Executive Engineer, Regional Labour Commissioner, as fair wages and the hours
of work for which such wages are earned and
4. Payment of wages
(i) Wages due to every worker shall be paid to him direct.
5. Fixation of Wage Period (i) The contractor shall fix the wage period in respect of which
the wages shall be payable.
The minimum daily rates of wages fixed under Notification of Government of India in
the Ministry of Labour and Employment S.O. 1971 dated 19th May, 1969 are inclusive of wages
for weekly day of rest and the question of extra payment for weekly holiday would not arise.
NOTE :- The term working day” means a day on which the work on which the labour is
employed, is in progress.
6. Wage Book and Wage Slips etc. :- (i) The contractor shall maintain a Wage Book of
each worker in such form as may ;be convenient at the place of work, but the same
shall include the following particulars.
(a) Name of the worker
(b) Rate of daily or monthly wages
(c) Nature of work on which employed
(d) Total number of days worked during each wage period
(e) Dates and period for which worked overtime
(f) Gross payable for the work during each wage period.
(g) All deductions made from the wage with an indication in each case of the ground for
which the deduction is made
(h) Wages actually paid for each wage period.
(i) Signature or thumb impression of the worker
(ii) The contractor shall also issue a wage slip containing the aforesaid particulars to each
worker employed by him on the work at least a day prior to the day of disbursement
of wages.
(iii) The contractor shall issue an Employment Card in the prescribed Form III to each
worker on the day of work or entry into his employment. If the worker has already
(iv) The contractor shall issue an attendance-cum-wages card as per Form IV attached to
each worker on the day of each worker on entry into his employment.
7. Register of unpaid wages : The contractor shall maintain a register of unpaid wages
is such form as may be convenient at the place of work but the same shall include the
following particulars.
(a) Full particulars of the labourers where wages have not been paid
(b) Reference number of the muster roll and wage register.
(c) Rate of wages
(d) Wage period
(e) Total amount not paid
(f) Reasons for not making payment
(g) How the amount of unpaid wages was utilised
(h) Acquaintance with dates.
9. (i) Fines and Deductions which may be made from Wages (i) The wages of a worker shall
be paid to him without any deductions of any kind except the following :-
(gg) Fines.
(hh) Deductions for absence from duty i.e. from the place, or the places where by
terms of his employment he is required to work. The amount of deduction shall
be in proportion to the period for which he was absent.
(ii) Deduction for damage to or loss of goods expressly entrusted to the employed
person for custody, or for loss of money or any other deduction which he is
required to account, where such damage or loss is directly attributable to his
(ii) No fine should be imposed on any worker save in respect of such acts and omission
on his part as have been approved of by the Chief |labour Commissioner.
(iii) No fine shall be imposed on a worker and on deduction for damage or loss shall be
made from his wages until the worker has been given an opportunity of showing cause
against such fines or deductions.
(iv) The total amount of line which may be imposed in any one wage period on a worker
should not exceed an amount equal to three paise in a rupee of the wages, payable
to him in respect that wage period.
(v) No fine imposed on any worker shall be recovered from him by instalment or after
the expiry of sixty days from the date on which it was imposed.
(vi) Every fine shall be deemed to have been imposed on the day of the act or omission in
respect of which it was imposed.
(i) The contractor shall maintain a register of fines and a register of deductions for
damage or loss in Form Nos. 1 and 2 respectively which should be kept at the
place of work.
(ii) The contractor shall both in English and the Local Indian Language, a list approved
by the Chief \labour Commissioner clearly stating the acts and omissions for which
penalty or fine may be imposed on a workman and display it in a good condition
in a conspicuous place of the work.
11. Preservation of Registers – The wage Book, the wage slips, the register of unpaid
wages, the Register of accidents, the register of fines, deductions required to be
maintained under these regulations shall be preserved for 12 months after the date
of last entry made in them and shall be made available for inspection by the Engineer-
in-Charge Labour welfare officer or any other authorised by the Chief Labour
Commissioner in this behalf.
12. Power of Labour Welfare officer to make investigations or enquiry – The labour
welfare officer or any other person authorised by the Central Government on their
behalf shall have power to make enquiries with a view to ascertaining and enforcing
due and proper observance of the fair wage clauses and the provision of these
regulations. He shall investigate into any complaint regarding the default made by
the contractor or sub-contractor in regard to such provision.
13. Report of Labour Welfare Officer – The Labour Welfare Officer or other persons
authorised aforesaid shall submit his investigation or enquiry to the AGM (Engg.)
indicating the extent, if any of which the default has been committed with a note that
necessary deductions from the contractor’s bill be made and the wages and other
(a) The AGM(Engg.) shall arrange payment to the labourers concerned within 180
days from the receipt of the reports from the Labour Welfare Officer Regional
Labour Commissioner as the case may be.
14. Appeal against the decision of Labour Welfare Officer – Any person aggrieved by the
decision and recommendation of the labour officer or other person so authorised may
appeal against such decision to the Regional Labour Commissioner concerned within
30 days from date of decision, forwarding simultaneously a copy of his appeal to the
AGM(Engg.) concerned but subject to appeal, the decision of the officer shall be final
and binding upon the contractor.
(i) Where the employee is not member of any registered trade union, by any
officer of a registered trade union, connected with, or any other workman
employed, in the industry in which the worker is employed.
16. Inspection of Books and Slips – The contractor shall allow inspection of the wage
Books and the wage slips, the register of unpaid wages, the register of accident, and
the register of fines and deductions to any of his workers or to his agent at a
convenient time and place after due Notice is received off to the Labour Welfare
officer or any other person, authorised by Central Government on his behalf.
17. Submission of Returns – The contractor shall submit periodical returns as may be
specified from time to time.
The tenderers advised to visit the site before tendering to get acquainted with
the local site condition and subsoil profile. If necessary tenderers may conduct their
own subsoil investigation. However, for general information, the following particulars
are given :
1 Access Facilities to Site: Plant and equipment can be transported to the site
either by road or by rail. The contractor has to make his own arrangement
for bringing his plant, equipment, material and layout to the site. The
preferential treatment for the contractor in use of service is guaranteed.
4 All items of Earth work will include “All leads and Lifts” and disposal of earth
will be done as per direction of Engineer-in-Charge.
1. The contractors are advised to get acquainted with the proposed work
and its site and also study the Architectural Drawings, specifications and
special conditions carefully before tendering. No claim of any sort shall
be entertained on account of any site conditions and ignorance of
specifications and special conditions.
2. The work shall be carried out as CPWD specifications 2019 Vol. I & II with
upto date correction slips unless otherwise specified in the nomenclature
of individual item or in the specifications and special conditions, where
specifications are silent, the decision of Engineer-in-charge shall be final
and binding on contractors.
3. The rates quoted by the contractor shall be taken as net and nothing extra
shall be paid on any account i.e. royalty, cartage, GST and stacking at
required places etc. Centering, shuttering, however if required to be
done for RCC beams, RCC floor slab and landings only for centering
heights greater than 3.5m shall be measured & paid separately.
4. The rates for different items of work shall apply for all heights and depths,
leads and lifts unless otherwise specified in the agreement or
specifications applicable to the agreement.
5. Any damage done by the contractor to any existing work during the
course of execution of the work shall be made good by him at his own
cost.
6. Articles manufactured by the reputed firms and approved by Engineer-in-
charge shall only be used. Only articles classified, as ‘first quality’ by the
manufacturer shall be used unless otherwise specified. In case articles
bearing ISI certification are not available in the market, quality of samples
brought by the contractor shall be judged by standards laid down in the
relevant BIS specifications. For the items not covered by CPWD
specifications relevant BIS standards shall apply. The sample of materials
to be brought to site for use in work shall be got approved from the
Engineer-in-charge before actual execution of work.
7. Samples of materials required for testing shall be provided free of cost by
the contractor. Testing charges, if any, shall be borne by the department
in case the test results are satisfactory accept where-ever specifically
mentioned otherwise in the NIT. All the expenditure to be incurred for
taking samples, conveyance, packing etc. shall be borne by the contractor.
8. The contractor shall submit a detailed programme of work within 15 days
of the date of award of work. The Engineer-in-charge can modify the
programme and the contractor shall have to work accordingly.
9. The quantities of each item shall not be exceeded beyond the agreement,
quantities without prior permission of Engineer-in-charge.
10. Statutory deductions on account of Goods and Services tax, income tax
and surcharge as applicable shall be made from the gross amount of the
bill.
11. The contractor shall make his own arrangements for obtaining electric
connection, if required and make necessary payments directly to the
department concerned.
The contractor shall procure TMT bars of Fe 500D grade from primary producers such
as SAIL or TISCO or RINL as approved by Ministry of Steel. In case of non-availability
of steel from primary producers the NIT approving authority may permit use of TMT
reinforcement bars procured from secondary producers. In such cases following
action is to be taken by NIT approving authority:
a) The secondary producers must have valid BIS licence to produce HSD bars
conforming to IS 1786:2008. In addition to BIS licence, the secondary producer
must have valid licence from either of the firms Tempcore, Thermex, Evcon Turbo
& Turbo Quench to produce TMT Bars.
b) The TMT bars procured from primary producers shall conform to manufacturer’s
specifications.
c) The TMT bars procured from secondary producers shall conform to the
specifications as laid by Tempcore, Thermex, Evcon Turbo & Turbo Quench as the
case may be.
d) TMT bars procured either from primary producers or secondary producers, the
specifications shall meet the provisions of IS 1786:2008 pertaining to Fe 415D or
Fe 500D or Fe 550D grade of steel as specified in the tender.
Samples shall also be taken and got tested by the Engineer-in-charge as per the
provisions in this regard in relevant BIS codes. In case the test results indicate
that the steel arranged by the contractor does not conform to the Specifications
as defined under para (c) & (d) above, the same shall stand rejected, and it shall
The contractor shall have to obtain and furnish test certificates to the Engineer-in-
charge in respect of all supplies of steel brought by him to the site of work.
The steel reinforcement bars shall be brought to the site in bulk supply of 10 tonnes
or more, or as decided by the Engineer-in-charge.
The steel reinforcement bars shall be stored by the contractor at site of work in such
a way as to prevent their distortion and corrosion, and nothing extra shall be paid on
this account. Bars of different sizes and lengths shall be stored separately to facilitate
easy counting and checking.
2.5.1 For checking nominal mass, tensile strength, bend test, re-bend test etc. specimens
of sufficient length shall be cut from each size of the bar at random, and at frequency
not less than that specified below:
Size of Bar For consignment below For consignment above
100 tonnes 100 tonnes
Under 10 mm dia bars One sample for each 25 One sample for each 40
tonnes or part thereof tonnes or part thereof.
10 mm to 16 mm dia bars One sample for each 35 One sample for each 45
tonnes or part thereof tonnes or part thereof
Over 16 mm dia bars One sample for each 45 One sample for each 50
tonnes or part thereof tonnes or part thereof
The contractor shall supply free of charge the steel required for testing including its
transportation to testing laboratories. The cost of tests shall be borne by the
contractor/department in the manner indicated below:
a) By the contractor, if the results show that the steel does not conform to
specification as defined under para 2.1 (c) & (d).
b) By the department, if the results show that the steel does conform to specification
under para 2.1 (c) & (d).
The actual issue and consumption of steel on work shall be regulated and proper
accounts maintained as provided in clause 10 of the contract. The theoretical
consumption of steel shall be worked out as per procedure prescribed in clause 42 of
the contract and shall be governed by conditions laid therein. In case the
consumption is less than theoretical consumption including permissible variations
recovery at the rate so prescribed shall be made. In case the excess consumption no
adjustment need to be made.
The steel brought to site and the steel remaining unused shall not be removed from
site without the written permission of the Engineer-in-charge.
1. The contractor shall procure Precoated iron profile /CGI sheets (conforming
to relevant BIS code/ specifications) as required in the work from reputed
manufacturers of Precoated iron profile /CGI sheets such as TATA
BlueScope , JSW, Everest, Sail , C harm in ar, M/S B h us h an p ow er &
s teel l i m ite d wi t h b rand nam e “ G A LVO C OL OR/ B H US HA N
an d A ART I S UR AKS HA” or equivalent or having BIS certification mark
for their product whose name shall be got approved from Engineer-in-
charge. The decision of Engineer In charge in respect of approved make will
be final and binding to the contractor. Precoated iron profile /CGI sheets
shall be used bearing manufacturer’s name of approved make or having BIS
certification as approved by EIC. In case Precoated iron profile /CGI sheets
arranged by the Contractor are not as per approved Make or
specifications defined in the Schedule of Quantities, the same
shall be stand rejected and shall be removed from the site by the
contractor at his own cost within a week’s time of written order from the
Engineer-in-charge to do so.
2. The PRECOATED IRON PROFILE /CGI sheets shall be brought at site in
sufficient quantity as required or as decided by the Engineer-in-charge.
3. The Contractor shall be responsible for the watch & ward and safety
of the PRECOATED IRON PROFILE /CGI sheets.
4. The contractor shall facilitate the inspection of the same by the Engineer-in-
charge at any time. The contractor shall supply free of charge the Precoated
iron profile /CGI sheets if required for testing. The cost of tests shall be borne
by the contractor / Department in the manner indicated below:
i) By the contractor, if the results show that the Precoated iron profile /CGI
sheets are not as per approved Make* or specifications defined in
the Schedule of Quantities or do not conform to relevant BIS codes.
ii) By the Department, if the results show that the Precoated iron profile
/CGI sheets are as per approved Make* or specifications defined in
* the Schedule of Quantities or conform to relevant BIS codes.
5. The actual consumption of PRECOATED IRON PROFILE/CGI sheets on work
shall be Regulated and proper accounts maintained as provided in relevant
provisions of clauses 10 and 39 of the contract.
* TATA BlueScope, JSW, Everest, Sail , Charminar , M/ S B hus h an p ow er &
s teel li m it ed wi th br and name “G A LVO C O L OR / B H US H AN an d
A ARTI S URA K S HA ” or equivalent
2. The work shall be carried out by an Electrical Contractor of appropriate class possessing requisite
license and authority to handle this type as Installation covered by the contract.
4. The contractor shall help in coordinating with the ‘Electric Supply Authority’, In obtaining the
service connection and the requisite test report in the prescribed form shall also be furnished.
5. Immediately on completion of work, the contractor shall carry out testing of the installation’ and
shall submit report in the ‘form of completion certificate’ as per appendix ‘E’ of CPWD
specifications referred above.
6. The contractor shall submit completion plan drawn to a suitable scale In tracing cloth with ink
along with throe blue print copies of the same.
7. The contractor should inspect the proposed site for the work and study all specifications and
conditions carefully before tendering. .
8. All inter-connections on the main board and distribution boards shall be done with suitable size
of cables drawn in conduits and end-terminations with appropriate lugs/ thimbles.
9. MS/CI junction boxes shall be used for junction of conduits as per direction of Engineer• in-
Charge. These will not be measured separately but shall be measured in all directions along
with the length of conduits.
10. All steel poles, switch boards, sheet metal panels, MS damps etc. shall be applied with premier
coat of paint before erection. Final painting shall be done in two coats after erection.
11. Where conduit pipes are to be laid along the trusses, these shall be fixed as per clause of CPWD
specification referred above.
12. Execution of work shall be supervised by technical personnel of appropriate rank as required
under the prescribed rules.
13. Any damage done by the contractor to any existing building and/or roads during the course of
execution of work shall be made good by him at his own cost to the satisfaction of the Engineer-
in-Charge.
14. The contractor shall maintain in good condition all work executed by him, till the completion and
handling over the entire work and nothing extra shall be paid for watch and ward If any.
15. The contractor shall take all precautions to avoid accidents and shall follow the ‘Safety
procedure’ as per appendix ‘C’ CPWD specifications referred ‘above.
17. The contractor shall execute the work as per programme drawn by the Engineer-in-Charge.
18. The rates quoted by the contractor should include all taxes . Nothing extra shall be payable to
the contractor beyond the rates quoted by him.
19. The contractor will coordinate electrical works with the progress of civil engineering works, He
will ensure that the Electrical works are completed, installation test reports submitted to
Electrical supply authorities and approved by the Electrical Inspectorate concerned immediately
after the civil works are completed.
20. In case of composite contracts where in Electrical works form a part of the composite work the
main contractor shall ensure that the Electrical work are executed by a subcontractor (who shall
be approved by the tender accepting authority) having appropriate registration for Electrical
work of this magnitude and possessing prescribed Electrical licence for undertaking such works.
Name(s) of the party (ies) should indicated while submitting the tender. Soon after the award of
work, separate agreement for Electrical work shall be concluded with the AGM (Elect) of the
Corporation for execution and finalisation of payments regarding Electrical sub work.
III. DRAWING
The Drawings specified in the brief specifications could be seen in the Office of
AGM (Civil Engineering) Food Corporation of India, R.O., (Punjab), Chandigarh
during working hours.
1. GENERAL SPECIFICATIONS
1.1 The civil, sanitary, water supply and road work shall be carried out as per Central
Public Works Department specification of works at Delhi 2019 Vol. I to II with
correction slips upto date. In the case of civil, sanitary, water supply and road works
and electrical works should there be any difference between Central Public Works
Department specifications mentioned above and the specification of schedule of
quantities shall prevail. For items of work not covered in the C.P.W.D. specifications
or where the C.P.W.D. specifications are salient on any particular point, the relevant
specifications or code of practice of the Indian Standard Institute shall be followed.
1.2 Should any clarifications be needed regarding the specifications for any work the
written instructions from the Engineer-in-charge shall be obtained.
1.3 Civil contractor appointed for this work shall ensure that the Electrical Works are
executed with the approval of the A.G.M. (Elect.), FCI or his authorized
representative who will ensure about the possession of prescribed Electrical Licence
and requisite experience for undertaking such work.
2. PARTICULAR SPECIFICATIONS
2.1 For new items for which specifications are not available as stated above, the specifications
decided by the Engineer-in-charge based on the contractor. Where materials are
specified by reference to brand and make names and use of their equivalents permitted
use of such equivalents shall only be allowed after the contractor satisfy the Engineer-in-
charge that at the appropriate time, material of the brand or make specified are not
available, and the adequacy or the equivalent materials.
SCHEDULE ‘A’
Schedule of quantities (as per PWD-3) Enclosed
SCHEDULE ‘B’
Schedule of materials to be issued to the contractor
S.No. Description of item Quantity Rates in Place of issue at which the
figures & material will charged to the
words contractor
1. 2. 3. 4. 5.
-----NIL-----
SCHEDULE ‘C’
Tools and plants to be hired to the contractor
S.No. Description Hire charges per day Place of Issue
1. 2. 3. 4.
NA NA NA
SCHEDULE ‘D’
Extra schedule for specific requirements / document for the work, if any ..on DSR-2023
SCHEDULE ‘E’
Name of Work: Special repair to internal road with cement concrete pavement along with
RCC drain and RWHS (02 Nos.) at FSD Jandiala guru under district Amritsar..
Estimated cost of work: Rs 7,05,52,753/-
i) Earnest Money: 2% of tendered value Rs 14,11,500.00
ii) Performance Guarantee: 5% of tendered value
iii) Security Deposit: 5% of tendered value
SCHEDULE ‘F’
GENERAL RULES & DIRECTIONS Officer inviting tender: - AGM (CE), R.O., (Pb.), Chandigarh
Clause 1
(i) Time allowed for submission of Performance Guarantee
from the date of issue of letter of acceptance 7 Days
(ii) Maximum allowable extension beyond the period
provided in (i) above 7 Days
Clause 2
Authority for fixing compensation under Clause 2 …………… G.M. (Engg.) /As per DOP
Clause 2A
Whether Clause 2A shall be applicable Yes
Clause 5
Number of days from the date of issue of letter
of commencement for reckoning date of start 15 Days
Clause 6, 6A
Clause applicable – (6 or 6A) 6
Clause 7
Gross work to be done together with net payment /
adjustment of advances for material collected, if any, since
the last such payment for being eligible to interim payment Rs. 2 cr.
Clause 10A
List of testing equipment to be provided by the contractor at site lab. As per site
Requirement / As per CPWD manual
*Base price of all the materials covered under clause 10 CA is to be mentioned at the time of
approval of NIT.
Clause 16
Competent Authority for deciding reduced rates G.M. (Engg.) /As per DOP
Clause 18
List of mandatory machinery, tools & plants to be deployed by the contractor at site:
As per Specification of the items to be performed in the contract/work
Clause 38(a)
Graduate Project
Engineer Planning / 2 or 5 Year Rs. 15000/- Rupees fifteen
or quality/ respectively per month thousand only
Diploma billing Engineer per person
Engineer (1+1)
Assistant Engineers retired from Government services that are holding Diploma will be
treated at par with Graduate Engineers.
(a) Cement
For works with estimated cost put to tender Not
more than Rs. 5 lakhs 3% plus / minus
FORM II
REGISTER OF DEDUCTION FOR DAMAGES OF LOSS CAUSED TO THE EMPLOYER BY THE
Sl. Name Father’s / Sex Damage Whether workman Number of Date on which Remarks
Husbands loss caused showed cause installment fine
No.
against fine or not
Page | 96
Name ……………………………………………………………………………………………………………………………………
Full address of dependants
(Specify Village, District and State)
Sl. Name & address of Particulars of Total period for Actual Leave taken
No. Employer (specify locations of which the worker number number of
whether a contractor work site & is employed from of day days should
or sub-contractor description of ………… to ………... worked be specified
work done
: If the worker is employed both on piece and rates the relevant entries in each case should
be made separately
No. …………………………………………………………………………………………………………………………………………
Name of the Contractor …………………………………………………………………………………………………………
Name of the worker ……………………………………………………………………………………………………………….
Name of the worker ……………………………………………………………………………………………………………….
Address ………………………………………………………………………………………………………………………………….
Designation ……………………………………………..………………….. Rate of wages ………………………………..
Name Attendance Sign. of Person Remarks
making attendance
Date of which leave commenced and ended Leave pay paid to the employee
In case of delivery In case of miscarriage In case of delivery In case of
miscarriage
Commenced Ended Commenced Ended Rate of Amount Rate of Amount
leave paid leave paid
pay pay
7. 8. 9. 10. 11. 12. 13. 14.
Name of work
Name of Contractor
The tender shall list below key men giving short resume of their experience together with
estimated peak and average force that he proposes to employ on this contract.
ORGANISATION CHART
Designation of Key Personnel Name and short resume of experience
LABOUR FORCE
Signature of Contractor
The tenderer shall list below key plants & equipment’s to be used for this contract.
Signature of Contractor
Comments:
1. The information at Sl. No. 8 to 16 needs to be provided for each of the supplying State separately
to us.
2. In case, you have obtained more than one registration in a State for different business verticals,
the information at Sl. No. 8 to 16 needs to be provided for the additional registrations in the same
State separately.
WHEREAS The Corporation being desirous of having provided and executed certain works
mentioned, enumerated or referred to in the specifications, conditions of contract, schedule of
quantities of works, drawings, and other documents consisting of the “Tender” and acceptance thereof,
copy hereto annexed, all of which are deemed to form part of this contract and are included in the term
CONTRACT whenever herein used.
NOW THIS AGREEMENT WITNESSTH & IT IS HEREBY agreed and declared as follow:
1. In consideration of the payments to be made to the contractor for the work to the executed by
him, the contractor does hereby convenant with the Corporation that the contractor shall and
will duly provide, execute, and complete the said works on or before the dates mentioned in
the said conditions attached to the tender documents and shall maintain the same at his own
cost for a period of six/twelve months thereafter, perform another acts and things in the
contract mentioned described of which are to be implied there from or may be reasonably
necessary, for the completion of the said works and in the manner and subject to the terms
and conditions of stipulations mentioned in the contract.
2. In consideration of the due provision, execution, and completion of the said works the
Corporation does hereby agree with the contractor that the Corporation will pay to the
contractor of the respective amount for the work actually done by him at the “Schedule or
Rate” as contained in the appended schedule and such other sums as may become payable to
the contractor under the provisions of the contract, such payments to be made at such time
and in such manner as provided for in this agreement.
3. The contractor has furnished a sum of Rs……………………………….. as Earnest Money and agrees that the
balance Security Deposit amounting to Rs………………………………. shall be recovered from the bills payable
to the contractor from time to time till the whole of the Security Deposit of Rs…………………………………..
stipulated in the memorandum of the tender and clause of the “Condition of the Contract is recovered.
4. In consideration of the due provision, execution and completion of the said works, the contractor does
hereby agree to pay the Corporation the sum as may be due to the other sum or sums as may become
payable to the Corporation towards loss / damage to the Corporation’s equipment, materials, plant
and machinery, liquidated damages, if any as set forth in the s a i d
IN WITNESS WHEREOF the parties have executed these presents in duplicate the date and year first
above written.
(PROFORMA)
(For use in cases in which the contract is for finished work and the contractor has entered only into an
agreement for the execution of a certain specified quantity of work in given time)
THIS INDENTURE made the …………………………….. day …………………………………. move between M/s.
…………………………………………………………………………………………… hereinafter called the Contractor which
expression shall where the context so admits or implies be deemed to include his executors,
administrators and assigns) of the one part and THE FOOD CORPORATION having its registered office at
16-20, Barakhamba Lane, New Delhi and acting of the other part hereinafter called the “CORPORATION”
WHEREAS by and agreement dated …………………………. (hereinafter called the said agreement) the
Contractor has agreed to execute the work of ……………………………….. AND WHEREAS the Contractor has
requested the Corporation that he may be allowed advances on the security of materials absolutely
belonging to him and brought by him to the site of the works and subject of the said agreement for use
in the construction of such of the works as he has undertaken to execute at rates fixed for the finished
work (inclusive of the cost of materials and labour and other charges) and WHEREAS the Corporation
has agreed to advance to the Contractor 75% of the value of the materials collected at the site and
certified by the Engineer-in-charge on the security of materials and quantities and other particulars of
which are detailed in a running account bill signed by the Contractor and the Corporation has reserved
to itself the option of making any further advance or advances on the security of other materials brought
by the Contractor to the site of the said works. NOW THIS INDENTURE WITNESSETH that in pursuance
of the agreement and in consideration of payment of the sum of Rs………………. on or before the
executive of those presents paid to the contractor by the Food Corporation (the receipt whereof the
contractor does hereby acknowledge) and of such further advances (if any) as may be made to him as
aforesaid, the contractor both hereby conversant and agree with the Corporation and declare as
follows:
1. That the said 75% payment paid by the Corporation to the Contractor as aforesaid shall be
employed by the Contractor in or towards expediting the execution of the said works and for
no other purpose whatsoever.
2. That the materials detailed in the said Running Account Bill which have been offered to and
accepted by the Corporation as security are absolutely the Contractor’s own property and to
free from encumbrances of any kind and the Contractor will not make any application for or
receive a further advance on the security of Materials which are not absolutely his own property
and free from encumbrances of any kind and the Contractor indemnifies the Corporation
against all claims to any materials in respect of which 75% advance payment has been made to
him as aforesaid.
3. That the materials detailed in the said Running Account Bill and all other materials on the
security of which any further advance or advances may hereafter be made as aforesaid
(hereinafter called the said materials) shall be used by the Contractor solely in the execution of
the said works In accordance with the directions of the Engineer-in-charge Food Corporation of
India and in the terms of the said agreement.
8. That the contractor hereby charges all the said materials with the repayment to the Corporation
of the said sum advanced and any further sum or sums advanced as aforesaid and all cost,
charges, damages and expenses payable under these presents PROVIDED ALWAYS and it is
hereby agreed and declared that notwithstanding anything in the said agreement and without
prejudice to the Powers contained therein, if and whenever the covenant for payment and
repayment hereinbefore contained shall become enforceable and the money owing shall and
repayment hereinbefore contained shall become enforceable and the money owning shall not
be paid in accordance therewith the Engineer-in-charge Food Corporation of India
……………………………………….. may at any time thereafter adopt all or any of following courses as
he may deem best:
(a) Seize and utilize the said materials or any part thereof in the completion of the said works
on behalf of the Contractor in accordance with the provisions in that behalf contained in
the said agreement debiting and contractor with the actual cost of effecting such
completion and the amount due in respect of advance under ‘these presents and crediting
the Contractor with the value of work done as if he had carried it out in accordance with
said agreement and at the rates thereby provided. If the balance is against the Contractor
he is to pay the same to the Corporation on demand
(b) Remove and sell by public auction the seized materials or any part thereof and out of the
moneys arising from the sale retained all the sums aforesaid repayable or payable to the
Corporation under these presents and pay over the surplus (if any) to the Contractor.
9. That except in the event of such default on the part of the Contractor as aforesaid interest on
the said advance shall not be payable.
10. That in the event of any conflict between the provisions of these presents and the said
agreement the provisions of these presents shall prevail and in the event of any dispute or
difference arising over the construction or effect of these presents the settlement of which has
not been herein before expressly provided for the same shall be referred to the GENERAL
MANAGER (ENGINEERING), Food Corporation of India, New Delhi whose decision shall be final,
I witness whereof the parties have executed these presents in duplicate the day and year first
above written.
In the presence of
WITNESSES :
1. Signature
Name
Address
2. Signature
Name
Address
In consideration of the Food Corporation of India having offered to accept the terms and conditions of proposed
agreement between …………………….. and ……………………… (hereinafter called the said contractor(s) for the work
……………………………………………. (hereinafter called “the said agreement”) having agree to production of an
irrevocable bank guarantee for Rs……………………. (Rupees…………………………………………………………………………only) as a
security/ guarantee from the Contractor (s) for Compliance of his obligations in accordance with the terms &
Condition in the said agreement.
1. We………………………. (hereinafter referred to as the “Bank”) hereby undertake to pay to the FCI an amount
not exceeding Rs……………………. (Rupees………………………………….. only) on demand by the Government.
2. We………………………….. do hereby undertake to pay the amounts due and payable (indicate the name of
the Bank) under this Guarantee without any demur, merely on a demand from the FCI stating that the amount
claimed is required to meet the recoveries due or likely to be due from the said contractor(s). Any such demand
made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this Guarantee.
However, our liability under this Guarantee shall be restricted to an amount not exceeding Rs………………………..
(Rupees ……………………………………….. only).
3. We, the said Bank, further undertake to pay to the FCI any money so demanded notwithstanding any
dispute or disputes raised by the contractor(s) in any suit or proceeding pending before any Court or Tribunal
relating thereto, our liability under this present being absolute and unequivocal. The payment so made by us
under this bond shall be a valid discharge of our liability for payment there under, and the contractor(s) shall have
no claim against us for making such payment.
4. We ………………………………… further agree that the Guarantee herein contained shall (indicate the name of
bank remain full force and effect during tile period that would be taken for the performance of the said agreement
and it shall continue to be enforceable till all the dues of the FCI under for by virtue if the said agreement have
been fully paid and its claims satisfied or discharged till the Engineer-in-charge on behalf of the FCI certifies that
the terms and conditions of the said agreement have been fully and properly carried out by the said contractor(s)
and accordingly discharges this guarantee.
5. We ………………………………… further agree with the FCI that the FCI (indicate the name of the Bank shall
have the fullest liberty without our Consent and without effecting in any manner obligations hereunder to vary
any of the terms and conditions of the said agreement or to extend time of performance by the said contractor
from time to time or to postpone for any time or from time to time of the powers exercisable by the FCI against
the said contractor (s) and to forbear) or enforce any of the terms and conditions relating to the said agreement
and we shall not be relieved from our liability by reason of any such variation or extension being granted to the
said contractor for any forbearance act of omission on the part of the FCI or any indulgence by the FCI to the said
contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would but for
this provision or have effect of so relieving us
6. The Guarantee will not be discharged due to the change in the constitution of the bank of the
Contractor(s).
7. We…………………………….. lastly undertake not to revoke this Guarantee except with (indicate the name of
the Bank) the previous consent of the FCI in writing.
8. This Guarantee shall be valid up to unless extended on demand by the FCI notwithstanding anything
mentioned above, our liability against this guarantee restricted to Rs………………………….
(Rupees………………………………. Only) and unless a claim in writing is lodged liabilities under Guarantee shall stand
discharged.
Dated the …………………………. Day of ……………………. For ……………………………
Name of work:
This Agreement made this ……………………….. day of …………………. Two thousand and …………… between
……………………………… son of ……………………………….. (hereinafter called the Guarantor of the one part)
and the Food Corporation of India (hereinafter called Corporation of the other part.
WHEREAS this agreement in supplementary to a contract (hereinafter called the Contract)
dated ……………….. and made between the GUARANTOR of the one part and the Corporation of the
other part whereby the Contractor, inter-alia undertook to rehabilitate & strengthen structures in the
said contract.
AND WHEREAS GUARANTOR agreed to give a guarantee to the effect that the said structures
will remain structurally stable, safe & sound for five years from the date of completion of work.
NOW THE GUARANTOR hereby guarantees that work undertaken by him will render the repaired
structures completely safe and the minimum life of such work executed by the GUARANTOR treatment
shall be five years to be reckoned from the date after the maintenance period prescribed in the
contract.
During this period of guarantee the guarantor shall make good all defects and in case of any defect
being found, render the building structurally safe to the satisfaction of the Engineer-in-charge at his
cost, and shall commence the work for such rectification within seven days from the date of issue of
the notice from the Engineer-in-charge calling upon him to rectify the defects, failing which the work
shall be got done by the Department by some other contractor at the GUARANTOR’S cost and risk.
The decision of the Engineer-in-charge as to the cost payable by the Guarantor shall be final and
binding.
That if GUARANTOR fails to execute the defected work or commits breach there under then the
GUARANTOR will indemnify the Principal and his successors against all loss, damage, cost, expense or
otherwise which may be incurred by him by reason of any default on the part of the GUARANTOR in
performance and observance of this supplementary agreement. As to the amount of loss and/or
damage and/or cost incurred by the Government the decision of the Engineer-in-charge will be final
and binding on the parties.
IN WITNESS WHEREOF these presents have been executed by the Obligor ……………………. and
by …………………………………… and for and on behalf of the Food Corporation of India on the day, month
and year first above written.
Signed, sealed and delivered by OBLIGOR in the presence of :
1.
2.
Signed for and on behalf of Food Corporation of India
In the presence of
1.
2.
a) Technical Proficiency
b) Financial soundness Outstanding/Very Good/Good/Poor
c) Mobilization of adequate T&P Outstanding/Very Good/Good/Poor
d) Mobilization of manpower Outstanding/Very Good/Good/Poor
e) General behavior Outstanding/Very Good/Good/Poor
Outstanding/Very Good/Good/Poor