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FOOD CORPORATION OF INDIA

REGIONAL OFFICE: PUNJAB


CHANDIGARH
(ENGINEERING DIVISION)
_____________________________

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).

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INDEX
S.NO DESCRIPTION PAGE NO
FROM TO
Title Page and Index 1 2

A TECHNICAL BID

01. Press Notice inviting E-Tender 03 -


02. Tender Notice/ Important Note/ Submission of tender 04 07
03. Notice inviting Tender 08 11
04. Instruction for on line Bidders 12 14
05. Tender Acceptance Letter 15 -
06. General Rules & Directions for the guidance of contractors 16 18
07. Percentage Rate Tender for Works 19 20
08. Condition of Contract 21 66
09. Safety Code 67 70
10. Model Rules for Protection of Health and Sanitary arrangements 71 79
& Contractor’s Labour Regulation
11. Site Information & Additional conditions 80 83
12. Additional Conditions for cement & steel, Iron Profile /CGI sheets, 84 90
Electrical works & Additional Specifications
13. Bid Data Sheet and other related Proforma’s 91 101
14. Organization chart & description of plant, equipment chart 102 103
15. Annexure III bidders information on GST etc. 104 -
16. Proforma for Agreement 105 106
17. Proforma for Indenture for secured Advance 107 109
18. Proforma for Performance / Bank Guarantee 110 -

19. Proforma for removal of defects after completion 111 -

20. Client certificate regarding performance of contracts 112 -

B PRICE BID (BOQ)

1. Schedule Of Quantities 1 4

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FOOD CORPORATION OF INDIA
(PUNJAB REGION)
Bay No.34-38, Sector- 31-A, Chandigarh

Notice Inviting e-Tenders No. /2023

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.

Asstt. Genl. Manager (CE)

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FOOD CORPORATION OF INDIA
(PUNJAB REGIONAL)
Bay No. 34-38, Sector 31-A, Chandigarh
TENDER NOTICE No. 04 /2024 (For Civil Works)
Online Percentage rates Tenders under Two Bid System are invited on behalf of the
Food Corporation of India for the following works from the appropriate class*of approved
Contractors of CPWD, State P.W.Ds, M.E.S., Railways and Public Sector Undertakings /
Enterprises of the Central Government and State Government who have satisfactorily
completed during the last five years, ending last day of the month previous to the one in which
the Tenders are invited at least three similar** Works of costing not less than the amount
equal to 40%of the estimated cost put to Tender or two similar** Works costing not less
than the amount equal to 60% of the estimated cost put to Tender or One similar** Works
of aggregate cost not less than the amount equal to 80% of the estimated cost put to Tender,
in any of the Organization listed above for registration in NIT.
Sl. NIT Name of Work & Location Estimated Earnest Time of Last Date and Time and
No. No. Cost put to Money Completio Time for Date of
Tender n Submission of opening of
Technical & Technical Bid
Price Bid
1. 2 3. 4. 5. 6 7 8
1. 04/2 Special repair to internal road Rs. 7,05,52,753/- Rs. 180 days Upto 3:00 P.M. 04:00 P.M. on
with cement concrete pavement
024 along with RCC drain and RWHS 14,11,500/- 29.06.2024 01.07.2024
(02 Nos.) at FSD Jandiala guru
under district Amritsar.

* 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.

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5. Those contractors not registered on the website mentioned above, are required to get
registered beforehand.
6. The intending bidder must have valid class-II or class-III digital signature with signing
certificate to submit the bid.
7. On opening date, the contractor can login and see the bid opening process. After opening
of bids he will receive the competitor bid sheet.
8. Contractor can upload document in the form of JPG format and PDF format
9. Certificate of Financial Turnover: At the time of submission of bid, contractor may upload
Affidavit/Certificate from CA mentioning Financial Turnover of last three years or for the
period specified in the bid document and further details if required may be asked from the
contractor after opening of the technical bid. There is no need to upload entire
voluminous balance sheet.
10. Contractor must ensure to quote percentage rate. The column meant for quoting rate in
figures appears in pink colour and the moment rate is entered, it turns sky blue.
In addition to this, while selecting any of the cells a warning appears that if any cell is left
blank the same shall be treated as “0”.
Therefore, if any cell is left blank and no rate is quoted by the bidder, rate of such item
shall be treated as “0” (ZERO).
11. The technical bid shall be opened online first on due date and time as mentioned above.
The time and date of opening of financial bid of contractors qualifying the technical bed
shall be communicated to them at a later date.
12. Tender documents downloaded from Central Public Procurement Portal Website
(https://eprocure.gov.in/eprocure/app )must be submitted on payment of a sum of Rs.
00/- in the form of NEFT/RTGS in favour of Food Corporation of India payable at State Bank
of India, Sector 17, Chandigarh A/C No. 10848032058 IFSC SBIN 0011705. The Tender must
be accompanied by the EMD of Rs. 14,11,500/- in the form of NEFT/RTGS in favour of
Food Corporation of India payable at already specified Bank A/C No. . Tender Document
Cost is Non-refundable &Non- transferable. Tenders not accompanied by Cost of Tender
document and Earnest Money in the prescribed form shall be summarily rejected.
13. FCI will not enter into any negotiations even with the LowestTenderer.
14. Completed Tenders containing two online covers of technical bid and price bid
Online Bids are received only on CPP Portal website https://eprocure.gov.in/eprocure/app in the
Office of the Asstt. General Manager (Engg), Food Corporation of India, R.O, ,(Pb.), Chandigarh
at the fixed time and the date indicated in the NIT. The Tenderer will be at liberty to be present
either in person or through an authorized representative at the time of opening of the Technical Bid
with the Bid Acknowledgement Receipt or they can view the bid opening event online at their
remote end. Price Bids of only those tenders shall be opened whose technical bids qualify, at a time
and place of which notice will be given. The Tenderer technically qualified will be at liberty to be
present either in person or through an authorized representative at the time of opening of the Price
Bids with the Bid Acknowledgement Receipt or they can view the bid opening event online at their
remote end.
15. FCI reserves the rights to accept any tender or reject any or all tenders or split up the work
between more than one tenders without assigning any reason whatsoever.
16. The detailed Tender Notice can be seen / down loaded on our website www.fci.gov.in/
“www.fciweb.nic.in” and https://eprocure.gov.in/eprocure/app .

Asstt. Genl. Manager (CE)

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IMPORTANT NOTE:
1) Tender documents may be downloaded from Central Public Procurement Portal
https://eprocure.gov.in/eprocure/app . Aspiring Bidders/ Suppliers who have not
enrolled/registered in e-procurement should enrol/register before participating through the
website https://eprocure.gov.in/eprocure/app . The portal enrolment is free of cost. Bidders
are advised to go through instructions provided at Annexure-A regarding ‘Instructions for
online Bid Submission ‘.
2) Tenderers can access tender documents on the website, fill them with all relevant
information and submit the completed tender document into electronic tender on the website
https://eprocure.gov.in/eprocure/app .
3) Tenders and supporting documents should be uploaded through e-procurement. Hard
copy of the tender documents will not be accepted.

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:

i) Copies of original payment instrument of NEFT /RTGS as specified in this tender


document towards the thecost of Tender Document and and Earnest Money Deposit.

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}

iv) Copies of experience/work completion certificates of required amount as per the


conditions of Tender Notice.

v) Tender Acceptance Letter(Annexure-B) in the firm/Company letterhead duly filled &


signed by the Authority with a seal of Firm/Company.

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vi) Copy of PAN Card.
vii)Copy of Goods and Services Tax registration certificate.
Viii) DELETED
Ix) Copy of Financial turnover certificate for previous three years (F.Y. 2022-23, 2021-22 &
2020-21) issued by Chartered Accountant. is must bearing the unique Document
Identification number (UDIN) number of respective Auditor/Chartered Accountant in
compliance to Gazette Notification, Part III, Section 4 dated 2nd August 2019 failing which
tender will be summarily rejected.
.
PRICE BID
a) Schedule of price bid in the form of BoQ_XXXXX.xls (Will be formulated according
to the type of work)

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CE.5
FOOD CORPORATION OF INDIA
NOTICE INVITING TENDERS

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).

3. Contract documents consisting of the detailed plans, complete specifications, the


schedule of quantities of the various classes of work to be done, and the set of
‘Conditions of Contract’ to be complied with by the person whose Tender may be
accepted; which will also be found printed in the form of Tenders, can be seen on
website www.eprocure.nic.in https://eprocure.gov.in/eprocure/app free of cost.
3A. The site for the work is available

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

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decision regarding documents within seven working days, else submitted documents will
be treated as valid.
8. The contractor should quote in white portion of the given price bid Template only However, if
a discrepancy is found, the rate which correspond with the amount worked out by the contractor shall
unless otherwise proved, be taken as correct.
If the amount of an item is not worked out by the contractor or it does not correspond with the
rate written either in figure or in words then the rate quoted by the contractor in words shall be taken
as correct.
Where the rates quoted by the contractor in figures and in words tally but the amount is not
worked out correctly, the rate quoted by the contractor will be taken as correct and not the amount.

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

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written request of the contractor. The date of start of work may accordingly be fixed reckoning
it after 15th days from the date of issue of letter of acceptance.
Performance Guarantee amount shall be deposited before issue of formal work order
for commencement of the work.
NOTE: - If the Tenderer whose Tender considered for acceptance fails to furnish the prescribed
Performance Guarantee with in prescribed period the EMD will be absolutely forfeited by the
Food Corporation of India.
10(a) The contractor whose Tender is accepted will be required to furnish by way of Security
Deposit for the due fulfilment of his contract sum as under:- Performance guarntee
@ 5% of the Tendered value of contract put to Tender without limit. The Security Deposit
will be collected by deduction @ 5% (five percentage) from the running bills of the contractor
and the Earnest Money, if deposited at the time of Tender will be treated a part of Security
Deposit. The Security Deposit will be in addition to the Performance Guarantee.
The Security Deposit shall not earn any interest. If the successful tenderer had
previously held any contract and furnished security deposit, the same shall not be adjusted
against this tender and a fresh security deposit will be required to be furnished.
12. The acceptance of a Tender will rest with the competent authority Who does not bind
himself to accept the Lowest Tender and reserves to himself the authority to reject any or all
of the Tenders received without assigning any reasons. All Tenders in which any of the
prescribed conditions are not fulfilled, or are incomplete in any respect are liable to be
rejected.
11. (a) Conditional tenders/ offers are liable to be summarily rejected.
12. Canvassing in connection with Tenders is strictly prohibited and the Tenders
submitted by the contractors who resort to canvassing will be liable to rejection.
13. All rates shall be quoted only on the proper form of the Tender.
14. Any item rate Tender containing percentage below/above will be summarily rejected.
However, where a tenderer voluntarily offers a rebate, it should be submitted within
stipulated date & time of submission of tender, this may be considered.

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

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19. No Engineer of Gazetted rank or other Gazetted Officer employed in Engineering or
administrative duties in a Engineering Department of the Government 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 the Government 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 had not obtained the permission of the Government of India as aforesaid before
submission of the Tender or engagement in the contractor’s service.
20. Tender for works shall remain open for acceptance for a period of 45 (Forty Five) days
from the date of opening of Tenders and with a provision that it shall be further extendable
for 45 (forty five) days, should the Tenderer fail to keep the Tender open for acceptance as
stated above or if the Tenderer withdraws his Tender before the expiry of the said period or
makes any modifications in the terms and conditions of the Tender which are not acceptable
to the Corporation, then the Corporation without prejudice to any other right or remedy be at
liberty to forfeit the Earnest Money.
21. The contractor should give full and correct address along with the Tender further if
there is any change of address during currency of contract the same should be intimated to
the department immediately and otherwise Food Corporation of India is not responsible for
wrong delivery or delay of the Notice etc. served to the above.

Signature of Asstt. General Manager (Engg.)


For and behalf of the Food Corporation of India

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Annexure- A
Instructions for Online Bid Submission:
As per the directives of Department of Expenditure, this tender document has been published
on the Central Public Procurement Portal (URL: http://eprocure.gov.in ). The bidders are
required to submit soft copies of their bids electronically on the CPP Portal, using valid Digital
Signature Certificates. The instructions given below are meant to assist the bidders in
registering on the CPP Portal, prepare their bids in accordance with the requirements and
submitting their bids online on the CPP Portal.
More information useful for submitting online bids on the CPP Portal may be obtained at:
https://eprocure.gov.in/eprocure/app .

REGISTRATION
1) Bidders are required to enroll on the e-Procurement module of the Central Public
Procurement Portal (URL: https://eprocure.gov.in/eprocure/app) by clicking on the
link “Click here to Enroll” 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.

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3) The bidder should make a note of the unique Tender ID assigned to each tender, in
case they want to obtain any clarification / help from the Helpdesk.
PREPARATION OF BIDS
1) Bidder should take into account any corrigendum published on the tender document
before submitting their bids.
2) Please go through the tender advertisement and the tender document carefully to
understand the documents required to be submitted as part of the bid. Please note
the number of covers in which the bid documents have to be submitted, the number
of documents - including the names and content of each of the document that need
to be submitted. Any deviations from these may lead to rejection of the bid.
3) Bidder, in advance, should get ready the bid documents to be submitted as indicated
in the tender document / schedule and generally, they can be in PDF / XLS / RAR /
DWF formats. Bid documents may be scanned with 100 dpi with black and white
option.
4) To avoid the time and effort required in uploading the same set of standard
documents which are required to be submitted as a part of every bid, a provision of
uploading such standard documents (e.g. PAN card copy, annual reports, auditor
certificates etc.) has been provided to the bidders. Bidders can use “My Space” area
available to them to upload such documents. These documents may be directly
submitted from the “My Space” area while submitting a bid, and need not be
uploaded again and again. This will lead to a reduction in the time required for bid
submission process.
SUBMISSION OF BIDS
1) Bidder should log into the site well in advance for bid submission so that he/she
upload the bid in time i.e. on or before the bid submission time. Bidder will be
responsible for any delay due to other issues.
2) The bidder has to digitally sign and upload the required bid documents one by one
as indicated in the tender document.
3) Bidder has to select the payment option as “offline” to pay the tender fee / EMD as
applicable and enter details of the instrument.
4) Bidder should also submit the EMD as per the instructions specified in the tender
document. The copies of original payment instrument should be scanned &
uploaded. The details of NEFT/RTGS payment available in the scanned copy and data
entered during bid submission, should tally, otherwise the uploaded bid will be
rejected.
Bidders are requested to note that they should necessarily submit their financial bids
in the format provided and no other format is acceptable. If the prices bid have been
given as a standard BoQ format with the tender document, then the same is to be
downloaded and to be filled by all the bidders. Bidders are required to download the
BoQ file, open it and complete the white coloured (unprotected) Cells with their
respective financial quotes and other details (such as name of the bidder). No other
cells should be changed. Once the details have been completed, the bidder should

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Save it and submit it online, without changing the filename. If the BoQ file is found
to be modified by the bidder, the bid will be rejected.

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.

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Annexure-B

TENDER ACCEPTANCE LETTER


(To be given on Company Letter Head)
Date:

To,

Sub: Acceptance of Terms & Conditions of Tender.

Tender Reference No: ____04/2024_______

Special repair to internal road with cement concrete pavement


Name of Tender / Work: -
along with RCC drain and RWHS (02 Nos.) at FSD Jandiala guru under district
Amritsar.

Dear Sir,

1. I/ We have downloaded / obtained the tender document(s) for the above mentioned
‘Tender/Work’ from the web site(s) namely:

as per your advertisement, given in the above mentioned website(s).

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.

4. I / We hereby unconditionally accept the tender conditions of above mentioned tender


document(s) / corrigendum(s) in its totality / entirety.

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,

(Signature of the Bidder, with Official Seal)

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CD.6-D
Tender Form
FOOD CORPORATION OF INDIA
State: Punjab Works-Division: Chandigarh
Zone: North Region: Punjab

GENERAL RULES & DIRECTIONS FOR THE GUIDANCE OF CONTRACTORS


1. All works proposed for execution by contractor will be notified in a form of invitation
to Tender pasted in public place signed by the AGM (Civil Engineering) Food Corporation of
India, R.O., (Punjab), Chandigarh
This form will state the work to be carried out as well as the date for submitting and
opening Tenders and the time allowed for carrying out the work; also the amount of Earnest
Money to be deposited with the Tender, and the amount of the Security Deposit to be
deposited by the successful Tenderer and the Percentage which the Security Deposit shall be
deducted from the bills of quantities and of rates of the various descriptions of works and any
other documents required in connection with the work signed for the purpose of identification
by the AGM (Civil Engineering) Food Corporation of India, R.O., (Punjab), Chandigarh shall
also be open for inspection by the contractor at the office of the AGM (Civil Engineering)
Food Corporation of India, R.O., (Punjab), Chandigarh during office hours.
2. a) A Person or persons shall state their capacity/designation i.e. Sole proprietor/Director/
Partner/Power of attorney holder/Authorised signatory while uploading/ submitting/ signing
the tender document.
b) In case of Proprietary firm, submitting the tender through his Attorney /
Authorised signatory/Manager, shall submit/upload the Authenticated document duly
executed on non-judicial stamp paper duly Notarised/ Registered. If period of validity of Power
of attorney is not specified therein, an affidavit shall also be submitted stating that the validity
of power of attorney/ Authorisation is valid on the date of tender submission.
c) In case of Partnership firm, the names of all partner should be disclosed and the
tender shall be signed by all the partners or their duly constituted Attorney, having authority
to bind all the partners in all matters pertaining to the contract. The scanned copies of
registration certificate under Indian Partnership Act issued by Registrar of Firms in respect of
partnership firm, 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.
d) In case of Limited Company, the names and addresses of all the Directors, Bankers
and Auditors shall be mentioned and it shall be certified that the person signing/ submitting
the tender is empowered to do so on behalf of the company. Scanned copies of Memorandum
and Articles of Association of the company, Certificate of Incorporation issued by Registrar of
Companies, resolution of Board of Directors (BOD) authorizing the signatory to sign the tender
shall be uploaded. If period of validity of Power of attorney is not specified therein, an affidavit
shall also be submitted to that effect stating the validity of Board resolution/ Authorisation
valid on the date of tender submission.

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e) The “Power of Attorney” should be signed by all the partners in case of Partnership
firm, by the Proprietor in case of Proprietary firm, and by the Directors in case of Limited
Company.

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.

The rate(s)/or amount(s) must be quoted in decimal coinage.

4 (a) The tender shall be treated as invalid, if

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.

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Contractor (s), whose Earnest Money is forfeited because of non-submission of revised offer,
shall not be allowed to participate in the retendering process of the work.

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.

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CE.6-D
TENDER FORM

PERCENTAGE RATE TENDER FOR WORKS


I/We hereby Tender for the execution of the work specified for the Food Corporation of India
of the work specified in the underwritten Memorandum within the time specified in such
memorandum at an amount of
Rs.................................................................................(Rupees...................................................
............To be quoted in PRICE BID.......................................................................) percent
below/above the rates entered in the Schedule mentioned in Rule 1 and in accordance in all
respect with the specifications, designs, drawing and instructions in writing referred to in rule-
I hereof and in clause-I of the conditions of contract, and with such materials as are provided
for, by, and in all other respects in accordance with such conditions so far as applicable. I/We
hereby agree to the percentage mentioned above being deducted from added to the gross
amount of the bills for work done.
Memorandum

a) General Description: - Special repair to internal road with cement concrete


pavement along with RCC drain and RWHS (02 Nos.) at FSD Jandiala guru under
district Amritsar.

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

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them towards Security Deposit along with Performance Guarantee mentioned against clause
(e) of the above mentioned Memorandum; (ii) to execute all the works referred to in Tender
documents upon the terms and conditions contained or referred to therein and to carry out
such deviations as may be ordered up to a maximum of 25% (Twenty-five) percent at the
rates quoted in the Tender documents and those in excess of that limit at the rates to be
determined in accordance with the provision contained in clause 12 of the Tender Form.

Dated.........................................The........................................dayof. .................. 201...

Witness.....................................................................................

Address......................................................................................

Occupation................................................................................

------------------------------------------
Contractor(s)

The above Tender is hereby accepted by me on behalf of the Food Corporation of India.

Dated.......................................The..................................dayof. ......................... 201 .........

Designation of the officer***

*Signature of witness to contractor’s signature


** Signature of the Contractor(s)
*** Signature of the Officer by whom accepted.

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CE-6-C
(Pamphlet)
CONDITIONS OF CONTRACT
Definition:-

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.

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3. Where the context so required, words imparting the singular only also include the plural
and vice versa. Any reference to masculine gender shall wherever required include feminine
gender and vice versa.

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:

i) Description of Schedule of Quantities.


ii) Particular Specification and Special Conditions, if any.
iii)CPWD Specifications.
iv) Indian Standard Specifications of B1S.
v) Specification notified by local bodies, if any.
If there are varying or conflicting provisions made in any one document forming
part of the contract, the Accepting Authority shall be the deciding authority with regard to the
intention of the document and his decision shall be final and binding on the contractor.
Any error in description, quantity or rate in Schedule of Quantities or any
omission there from shall not vitiate the Contract or release the Contractor from the execution of
the whole or any part of the works comprised therein according to drawings and specifications or
from any of his obligations under the contract.

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”

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ii) The PERFORMANCE GUARANTEE shall be initially valid upto the stipulated date of completion
plus 60 days beyond that, in case the time for completion of work gets extended, the contractor
shall get the validity of Performance Guarantee extended to cover such extended time for
completion of work. After recording of the completion certificate for the work by the competent
authority, the Performance Guarantee shall be returned to the contractor without any interest.

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

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be necessary for recovering the claims of Food Corporation of India against the contractor. The
Food Corporation of India will not be liable for payment of any interest on the Security Deposit.

(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.

Compensation for Delay


If the contractor fails to maintain the required progress in terms of clause 5 or to complete the
work and clear the site on or before the contract or extended date of completion, he shall,
without prejudice to any other right or remedy available under the law to the FCI on account of
such breach, pay as agreed compensation the amount calculated at the rates stipulated below
as the authority specified in ‘ Bid Data Sheet’ (whose decision in writing shall be final and
binding) may decide on the amount of Tendered value of the work for every completed
day/month (as applicable) that the progress remains below that specified in Clause 5 or that
the work remains incomplete.

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-

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scheduled milestones(s) in terms of Clause 5.3, the amount shown against that milestone
shall be withheld, to be adjusted against the compensation levied at the final grant of
Extension of time. With-holding of this amount on failure to achieve a milestone, shall be
automatic without any Notice to the contractor. However, if the contractor catches up with
the progress of work on the subsequent milestone(s), the withheld amount shall be
released. In case the contractor fails to make up for the delay in subsequent milestone(s),
amount mentioned against each milestone missed subsequently also shall be withheld.
However, no interest, whatsoever, shall be payable on such withheld amount.

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

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Other non-bonafide methods of competitive Tendering.
viii) If the contractor being an individual or if a Firm, any Partner thereof shall at any
time be adjudged insolventor have a receiving order or orders for administration
of his estate made against him or shall take any proceedings for liquidation or
composition (other than a voluntary liquidation for the purpose of amalgamation or
reconstruction, under any voluntary liquidation for the purpose of amalgamation or
reconstruction) under any Insolvency Act for the time being in force or make any
conveyance or assignment of his effects or composition or arrangement for the
benefit of his creditors or purport so to do, or if any application be made under any
Insolvency Act for the time being in force for the sequestration of his estate or if a
Trust Deed be executed by him for benefit of his creditors.

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

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be paid any sum for any work thereof or actually performed under this contract unless and until
the Engineer-in-Charge has certified in writing the performance of such work and the value
payable in respect thereof and he shall only be entitled to be paid the value so certified.
Clause 4 - DELETED

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’.

If the work(s) be delayed by:-


i) force majeure, or
ii) abnormally bad weather, or
iii) serious loss or damage by fire, or
iv)civil commotion, local commotion of workmen, strike or lockout, affecting any of the trades
employed on the work, or

i) Delay on the part of other contractors or tradesmen engaged by Engineer-in-


Charge in executing work not forming part of the contract, or
ii) Non-availability or break down of tools and Plant to be supplied or supplied by FCI
or
iii) Any other cause which, in the absolute discretion of the Engineer-in-Charge is
beyond the Contractor’s control.

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.

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5.3 Request for rescheduling of Milestones and extension of time, to be eligible for
consideration, shall be made by the Contractor in writing within fourteen days of the happening
of the event causing delay on the prescribed Form. The contractor may also, if practicable,
indicate in such a request the period for which extension is desired.

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

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of the work who shall within the aforesaid period of seven days inspect the work, and if any
work shall be covered up or placed beyond the reach of measurements without such Notice
having been given or the Engineer-in-Charge’s consent being obtained in writing, the same shall
be uncovered at the Contractor’s expenses, or in default thereof no payment or allowance shall
be made for such work or the materials with which the same was executed.

Engineer-in-Charge or his authorized Representative may cause either themselves or through


another officer of the department to check the measurements recorded jointly or otherwise as
aforesaid and all provisions stipulated herein above shall be applicable to such checking of
measurements or levels.

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

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Book’s for the purpose of reference and record by the various officers of the department. The
Contractor shall also submit to the department separately his computerized Abstract of Cost
and the bill based on these measurements, duly bound, and its pages machine Measurement
Book along with two spare copies of the bill. Thereafter, this bill will be processed by the
Division Office and allotted a Measurement Book as per the computerized record in the same
way as done for the measurement Book meant for measurements. The contractor shall,
without extra charge, provide all assistance with every appliance, labour and other things
necessary for checking of measurements/levels by the Engineer-in-Charge or his
Representative. Except where any general or detailed description of the work expressly shows
to the contrary, measurements 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 Standards 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 checking and/or test
checking the measurement of any work in order that the same may be checked and/or test
checked and correct dimensions thereof be taken before the same is covered up or placed
beyond the reach of checking and/or test checking 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 of the work who shall within the aforesaid
period of seven days inspect the work, and if any work shall be covered up or placed beyond
the reach of checking and/or test checking measurements without such Notice having been
given or the Engineer-in-Charge’s consent being obtained in writing the same shall be
uncovered at the Contractor’s expense, or in default thereof no payment or allowance shall be
made for such work or the materials with which the same was executed. Engineer-in-Charge
or his authorized Representative may cause either themselves or through another officer of the
department to check the measurements recorded by contractor and all provisions stipulated
herein above shall be applicable to such checking of measurements or It is also a term of this
contract that checking and/or test checking the measurements of any item of work in the
measurement Book and/or its payment in the interim, on account of 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. Payment on Intermediate Certificate to
be Regarded as Advances

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

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verified by taking or causing to be taken, where necessary, the requisite measurements of the
work, In the event of the failure of the contractor to submit the bills. Engineer-in-Charge shall
prepare or cause to be prepared such bills in which event no claims whatsoever due to delays
on payment including that of interest shall be payable to the contractor. Payment on account
of amount admissible shall be made by the Engineer-in-Charge certifying the sum to which the
contractor is considered entitled by way of interim payment at such rates as decided by the
Engineer-in-Charge. The amount admissible shall be paid by 10th working day after the day of
presentation of the bill by the Contractor to the Engineer-in-Charge or his Manager (CE/EE/ME)
together with the account of the material issued by the department, or dismantled materials,
if any, in the case of works outside the headquarters of the Engineer-in-Charge, the period of
ten working days will be extended to fifteen working days.

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.

Pending consideration of extension of date of completion, interim payments shall continue to


be made as herein provided without prejudice to the right of the department to take action
under the terms of this contract for delay in the completion of work, if the extension of date of
completion is not granted by the competent authority.

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

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Engineer-in-Charge shall inspect the work and if there is no defect in the work, shall furnish the
contractor with a final Certificate of Completion, otherwise a provisional certificate of physical
completion indicating defects(a) to be rectified by the contractor and/or (b) for which payment
will be made at reduced rates, shall be issued. But no final Certificate of Completion shall be
issued, nor shall the work be considered to be complete until the contractor shall have removed
from the premises on which the work shall be executed all scaffolding, surplus materials,
rubbish and all huts and sanitary arrangements required for his/their work people on the site
in connection with the execution of the works as shall have been erected or constructed by the
contractor(s) and cleaned off the direct from all wood work, doors, windows walls, floor or
other parts of the building, in, upon, or about which the work is to be executed or of which he
may have had possession for the purpose of the execution; thereof, and not until the work shall
have been measured by the Engineer-in-Charge. If the contractor shall fail to comply with the
requirements of this Clause as to removal of scaffolding, surplus materials and rubbish and all
huts and sanitary arrangements as aforesaid and cleaning off dirt on or before the date fixed
for the completion of work, the Engineer-in-Charge may at the expense of the contractor
remove such scaffolding, surplus materials and rubbish etc. and dispose of the same as he thinks
fit and clean off such dirt as aforesaid, and the contractor hall have no claim in respect of
scaffolding or surplus materials as aforesaid except or any sum actually realized by the sale
thereof.
Clause 8 A
Contractor to Keep Site Clean
When the annual repairs and maintenance of works are carried out, the splashes and droppings
from whit washing, colour washing, painting etc. on walls, floor, windows, etc. Shall be removed
and the surface cleaned simultaneously with the completion of these items of work in the
individual rooms, quarters or premises etc. where the work is done without waiting for the
actual completion of all the other items of work in the contract. In case the contractor fails to
comply with the requirements of this clause, the Engineer-in-Charge shall have the right to get
this work done at the cost of the contractor either departmentally or through any other agency.
Before taking such action, the Engineer-in-Charge shall give ten days’ Notice in writing to the
contractor.

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

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Certificate of Completion furnished by the Engineer-in-Charge whichever is earlier. No further
claims shall be made by the contractor after submission of the final bill and these shall be
deemed to have been waived and extinguished. Payments of those items of the bill in respect
of which there is no dispute and of items in dispute, for quantities and rates as approved by
Engineer-in-Charge, will, as far as possible be made within the period specified herein-under,
the period being reckoned from the date of receipt of the bill by the Engineer-in-Charge or his
authorized Manager, complete with account of materials issued by the Department and
dismantled materials.

i) If the Tendered value of work is upto Rs.15 lakhs : 3 months


ii) If the Tendered value of work exceeds Rs.15 lakhs : 6 months
Clause 9 A
Payment of Contractor’s Bills to Bank s
Payment due to the contractor may, if so desired by him, be made to his Bank, registered
financial, Co-operative or Thrift Societies or recognized Financial Institutions instead of direct
to him provided that the contractor furnishes to the Engineer-in-Charge(1) an authorization in
the form of a legally valid document such as a Power of Attorney conferring authority on the
Bank, Registered financial, Co-operative or Thrift Societies or recognized financial Institutions
to receive payments and (2) his own acceptance of the correctness of the amount made out as
being due to him by FCI or his signature on the bill or other claim preferred against FCI before
settlement by the Engineer-in-Charge of the account or claim by payment to the Bank,
Registered Financial, Co-operative or Thrift Societies or recognized financial Institutions. While
the receipt given by such Banks, registered financial Co-operative or Thrift Societies or
recognized financial Institutions shall constitute a full and sufficient discharge for the payment,
the contractor shall whenever possible present his bills duly receipted and discharged through
his Bank, Registered financial, Co-operative or Thrift Societies or recognized financial
Institutions.
Nothing herein contained shall operate to create in favor of the Bank; Registered Financial, Co-
operative or Thrift Societies or recognized financial Institutions any rights or equities vis-à-vis
the FCI.

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

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issue of such materials at-least 7 days in advance of his requirement. Such materials shall be
supplied for the purpose of the contract only and the value of the materials so supplied at the
rates specified in the aforesaid Schedule shall be set off or deducted, as and when materials are
consumed in items of work (including normal wastage) for which payment is being made to the
contractor, from any sum then due or which may therefore become due to the contractor under
the contract or otherwise or from the Security Deposit. At the time of submission of bills, the
contractor shall certify that balance of materials supplied is available at site in original good
condition. The contractor shall submit alongwith every running bill (on account or interim bill)
material wise reconciliation statements supported by complete calculations reconciling total
issue, total consumption and certified balance (diameter/section-wise in the case of steel) and
resulting variations and reasons therefore. Engineer-in-Charge shall (whose decision shall be
final and binding on the contractor) be within his rights to follow the procedure of recovery in
clause 42 at any stage of the work if reconciliation is not found to be satisfactory. The
contractor shall bear the cost of getting the material issued, loading, transporting to site,
unloading, storing under cover as required, cutting assembling Measurement Book and joining
the several parts together as necessary. Notwithstanding anything to the contrary contained in
any other clause of the contract and (or the CPWA Code) all stores/materials so supplied to the
contractor or procured with the assistance of the FCI shall remain the absolute property of FCI
and the contractor shall be the trustee of the stores/materials, and the said stores/materials
shall not be removed/disposed off from the site of the work on any account and shall be at all
times open to inspection by the Engineer-in-Charge or his authorized Agent. Any such
stores/materials remaining unused shall be returned to the Engineer-in-Charge in as good a
condition in which they were originally supplied at a place directed by him, at a place of issue
or any other place specified by him as he shall require, but in case it is decided not to take back
the stores/materials the contractor shall have no claim for compensation on any account of
such stores/materials so supplied to him as aforesaid and not used by him or for any wastage
in or damage to in such stores/materials. On being required to return the stores/materials, the
contractor shall hand over the stores/ materials on being paid or credited such price as the
Engineer-in-Charge shall determine, having due regard to the condition of the stores/materials.
The price allowed for credit to the contractor, however,
shall be at the prevailing market rate not exceeding the amount charged to him, excluding the
storage charge, if any. The decision of the Engineer-in-Charge shall be final and conclusive. In
the event of breach of the aforesaid condition, the contractor shall in addition to throwing
himself open to account for contravention of the terms of the licenses or permit and/or for
criminal breach of trust, be liable to FCI for all advantages or profits resulting or which in the
usual course would have resulted to him by reason of such breach. Provided that the contractor
shall in no case be entitled to any compensation or damages on account of any delay in supply
or non-supply thereof all or any such materials and stores provided further that the contractor
shall be bound to execute the entire work if the materials are supplied by the Government
within the original scheduled time for completion of the work plus 50% thereof or schedule
time plus 6 months whichever is more if the time of completion of work exceeds 12 months,
but if a part of the materials only has been supplied within the aforesaid period, then the
contractor shall be bound to do so much of the work as may be possible with the materials and
stores supplied in the aforesaid period. For the completion of the rest of the work, the
contractor shall be entitled to such extension of time as may be determined by the Engineer-
in-Charge whose decision in this regard shall be final and binding on the contractor.

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

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completion or determination of the contract shall be returned to the Engineer-in-Charge at the
stores from which it was issued or at a place directed by him by a Notice in writing. The
contractor shall not be entitled for loading, transporting, unloading and stacking of such unused
material except for the extra lead, if any involved, beyond the original place of issue. Materials
to be provided by the Contractor.

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’.

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CLAUSE 10B
Secured Advance on Non-perishable Material
(i) The contractor, on signing an indenture in the form to be specified by the Engineer-in-
Charge, shall be entitled to be paid during the progress of the execution of the work up to 75%
of the assessed value of any materials which are in the opinion of the Engineer-in-Charge non-
perishable, non-fragile and non-combustible and are in accordance with the contract and which
have been brought on the site in connection therewith and are adequately stored and/or
protected against damage by weather or other causes but which have not at the time of
advance been incorporated in the works. When materials on account of which an advance has
been made under this sub-clause are incorporated in the work, the amount of such advance
shall be recovered/deducted from the next payment made under any of the clause or clauses
of this contract.

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’.

Plant Machinery & Shuttering Material Advance


(ii) An advance for plant, machinery & shuttering material required for the work and
brought to site by the Contractor may be given if requested by the contractor in
writing within one month of bringing such plant and machinery to site. Such
advance shall be given on such plant and machinery which in the opinion of
Engineer-in-charge will add to expeditious execution of work and improve the
quality of work. The amount of advance shall be restricted to 5% percent of the

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Tender value. In the case of new plant and equipment to be purchased for the work,
the advance shall be restricted to 90% of the price of such new plant and equipment
paid by the contractor fo
(iii) r which the contractor shall produce evidence satisfactory to the Engineer-in-
Charge. In the case of second hand and used plants and equipment, the amount of
such advance shall be limited to 50% of the depreciated value of plant and
equipment as may be decided by the Engineer-in-Charge. The contractor shall, if so
required by the Engineer-in-Charge, submit the statement of value of such old plant
and equipment duly approved by a Registered Valuer recognized by the Central
Board of Direct Taxes under the Income GCC Tax Act, 1961. No such advance shall
be paid on any plant and equipment of perishable nature and on any plant and
equipment of a value less than Rs. 50,000/- Seventy-five per cent of such amount
of advance shall be paid after the plant & equipment is brought to site and balance
twenty-five percent on successfully commissioning the same.

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)

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If after submission of the tender, the price of any material incorporated in the works (excluding
the materials covered under clause 10CA and not being a material supplied from the Engineer-
in-Charge’s stores in accordance with clause 10 thereof) and/or wages of labour increases as a
direct result of the coming into force of any fresh law, or statutory rule or order (but not due to
any changes of rate in Goods and Service Tax /Custom Duty) beyond the prices/wages prevailing
at the time of the last stipulated date of receipt of Tenders including extensions, if any, for the
work during contract period including the justified period extended under the provisions of
clause 5 of the contract without any action under clause 2, then the amount of the contract
shall accordingly be varied and provided further that any such increase shall be limited to the
price/wages prevailing at the time of stipulated date of completion or as prevailing for the
period under consideration, whichever is less.
If after submission of the tender, the price of any material incorporated in the works (excluding
the materials covered under clause 10CA and not being a material supplied from the Engineer-
in-Charge’s stores in accordance with clause 10 thereof) and/or wages of labour as prevailing
at the time of last stipulated date of receipt of tender including extensions, if any, is decreased
as a direct result of the coming into force of any fresh law or statutory rules or order (but not
due to any changes of rate in Goods and Service Tax /Custom Duty) Government shall in respect
of materials incorporated in the works (excluding the materials covered under clause 10CA and
not being material supplied from the Engineer-in-charge’s stores in accordance with clause 10
hereof) and /or labour engaged on the execution of the work after the date of coming into force
of such law statutory rule or order be entitled to deduct from the dues of contractor, such
amount as shall be equivalent to the difference between the prices of the materials and/or
wages as prevailed at the time of the last stipulated date for receipt of tenders including
extensions if any for the work and the prices of materials and/or wages of labour on the coming
into force of such law, statutory rule or order. This will be applicable for the contract period
including the justified period extended under the provisions of clause 5 of the contract without
any action under clause 2. Engineer-in-charge may call Books of account and other relevant
documents from the contractor to satisfy himself about responsibility of increase in prices of
materials and wages. The contractor shall, within a reasonable time of his becoming aware of
any alteration in the price of any such materials and/or wages of labour, give notice thereof to
the Engineer-in-charge stating that the same is given pursuant to this condition together with
all information relating thereto which he may be in position to supply. For this purpose, the
labour component of the work executed during period under consideration shall be the
percentage as specified in Schedule F, of the value of work done during that period and the
increase/decrease in labour shall be considered on the minimum daily wages in rupees of any
unskilled adult male mazdoor, fixed under any law, statutory rule or order.

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,

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whichever is less. The increase/decrease in prices of cement, steel reinforcement and structural
steel shall be determined by the Price indices issued by the Director General (Works), CPWD.
For other items provided in the Schedule ‘F’, this shall be determined by the All India Wholesale
Price Indices of materials as published by Economic Advisor to Government of India, Ministry
of Commerce and Industry and base price for cement, steel reinforcement and structural steel
as issued under the authority of Director General (Works) CPWD applicable for Delhi including
Noida, Gurgaon, Faridabad & Ghaziabad and for other places as issued under the authority of
Zonal Chief Engineer, CPWD and base price of other materials issued by concerned Zonal chief
Engineer as indicated in Schedule ‘F’ as valid on the last stipulated date of receipt of Tender,
including extension if any and for the period under consideration. In case, price index of a
particular material is not issued by Ministry of Commerce and Industry, then the price index of
nearest similar material as indicated in Schedule ‘F’ shall be followed. The amount of the
contract shall accordingly be varied for all
such materials and will be worked out as per the formula given below for individual material:-

Adjustment for component of individual material


CI - CIo
V = P x Q x --------------
CIo
where,
V = Variation in material cost i.e. increase or decrease in the amount of rupees to be paid or
recovered.

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.

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Payment due to increase/decrease in Prices/Wages (excluding materials covered under clause
10 (CA) after Receipt of Tender for Works
CLAUSE 10 CC
If the prices of materials (not being materials supplied or services rendered at fixed prices by
the department in accordance with clause 10 & 34 thereof) and/or wages of labour required
for execution of the work increase, the contractor shall be compensated for such increase as
per provisions detailed below and the amount of the contract shall accordingly be varied,
subject to the condition that that such compensation for escalation in prices and wages shall
be available only for the work done during the stipulated period of the contract including the
justified period extended under the provisions of clause 5 of the contract without any action
under clause 2. However, for the work done during the justified period extended as above, the
compensation as detailed below will be limited to prices/wages prevailing at the time of
stipulated date of completion or as prevailing for the period under consideration, whichever is
less. No such compensation shall be payable for a work for which the stipulated period of
completion is equal to or less than the time as specified in Schedule F. Such compensation for
escalation in the prices of materials and labour, when due, shall be worked out based on the
following provisions:-

(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 :

(a) Gross value of work done up to this quarter : (A)


(b) Gross value of work done up to the last quarter : (B)
(c) Gross value of work done since previous quarter (A-B) : (C)
(d) Full assessed value of Secured Advance (excluding materials Covered under Clause 10 CA)
fresh paid in this quarter : (D)
(e) Full assessed value of Secured Advance (excluding materials Covered under Clause 10 CA)
Clause 10 CA) recovered in this quarter : (E)

(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

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the quarter (K)
(l) Less cost of services rendered at fixed charges as per Clause 34 and recovered during the
quarter (L)
Cost of work for which escalation is applicable:
W = N - (K + L)
(iii) Components for materials (except cement, reinforcement bars, structural steel or other
materials covered under clause 10 CA) labour, P.O.L., etc. shall be pre-determined for
every work and incorporated in the conditions of contract attached to the Tender papers
Included in Schedule ‘F’. The decision of the Engineer-in-Charge in working out such
Percentage shall be binding on the contractors.

(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.

*Note: relevant component only will be applicable.

(b) Adjustment for component of ‘POL’


Z FI-FIo
Vf = W x --------- x ---------------

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100 FIo
Vf = Variation in cost of Fuel, Oil & Lubricant 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.
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

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wage prevailing on the last date of the quarter previous to the one under consideration,
whichever is less, shall be considered.)

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

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advantage of FCI according to the instructions in writing issued by the Engineer-in-Charge.
Work to be Executed in accordance with Specifications, Drawings, and Orders etc.

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.

Complete copies of the drawings and specifications signed by Engineer-in-charge shall be


furnished by him to the contractor for his /their own use and same or copies thereof shall be
kept by the contractor(s) on the site of the work.

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.

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Deviation, Extra Items and Pricing
In the case of extra item(s) (items that are completely new, and are in addition to the
items contained in the contract), the contractor may within fifteen days of receipt of
order or occurrence of the item(s) claim rates, supported by proper analysis, for the
work and the engineer-in-charge shall within one month of the 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. In the case of
substituted items (items that are taken up with partial substitution or in lieu of items of
work in the contract), the rate for the agreement item (to be substituted) and
substituted item shall also be determined in the manner as mentioned in the following
Para.

Deviation, Substituted Items, Pricing

(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.

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For the purpose of operation of Schedule “F”, the following works shall be treated as
works relating to foundation unless & otherwise defined in the contract:
(i) For Buildings : All works up to 1.2 meters above ground level or up to floor 1 level whichever
is lower.

(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.

Any operation incidental to or necessarily has to be in contemplation of Tenderer while


filing. Tender, or necessary for proper execution of the item included in the Schedule of
quantities or in the schedule of rates mentioned above, whether or not, specifically
indicated in the description of the item and the relevant specifications, shall be deemed
to be included in the rates quoted by the Tenderer or the rate given in the said schedule
of rates, as the case may be. Nothing extra shall be admissible for such operations.

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

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back by the contractor, provided however that the Engineer-in-Charge shall have in all such
cases the option of taking over all or any such materials at their purchase price or at local
current rates whichever may be less. In the case of such stores having been issued from the
Government stores, supervisions, charges and storage charges shall be refunded in addition to
the issue rate of the materials.

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

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by Corporation as aforesaid after allowing such credit shall without prejudice to any other right
or remedy available to Corporation in law or as per agreement be recovered
from any money due or which at any time hereafter may become due to the contractor on any
account, and if such money is insufficient, the contractor shall be called upon in writing and
shall be liable to pay the same within 30 days.

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

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contractor shall upon a receipt of a Notice in writing on that behalf make the same good at
his own expense or in default the Engineer-in-Charge cause the same to be made good by the
other workman and deduct the expense from any sums that may be due or at any time
thereafter may become due to the contractor or from his Security Deposit or the proceeds of
Sale thereof or of a sufficient portion thereof. The Security Deposit of the contractor shall not
be refunded before the expiry of twelve months (6 months in the case of any work other than
road work costing to Rs. 10,00,000/- and below) after the issue of the certificate final or
otherwise, of completion of work, or till the final bill has been prepared and passed whichever
is later. Provided that in the case of road work if in the opinion of the Engineer-in-Charge, half
of the Security Deposit is sufficient to meet all liabilities of the contractor under this contract,
half of the security deposit will be refunded after Six months
and the remaining half after twelve months of the issue of said Certificate of Completion of
till the final bill has been prepared and passed whichever is later.

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

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the work. The contractor shall also abide by the provision of the child labour (Prohibition and
Regulation Act, 1986)

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.

Liability for Personnel:

(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

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to the Corporation i.e. the Principal employer under the said Act, the amount
of member’s contribution together with an equal amount of his contribution.
If, on account of the default of the contractor in making / depositing such
payments or for any other reason, the Corporation makes such contributions
on behalf of the contractor, the FCI shall be entitled to set off against the
amount due to the contractor, the contributions made by it on account of his
default in making payments or otherwise in respect of the labour employed
by the Contractor.

(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 :-

Form – 2 Nomination & Declaration Forms to be submitted for new entrants.


Form – 3 The Contribution Card for the currency period – Annually.
Form – 3A Contribution Card for the currency period from 1 st April to 31st March –
Annually
Form – 4 Contribution Card for Employees other than monthly paid Employees –
Annually

Form – 12A Statement of Contribution- Monthly.


Form – 5 Return of Employees qualifying for the Membership.
Form – 5A Return of Ownership to be sent to the Regional Commissioner.
Form – 6 Return of the Contribution Card and Annual Statement of Contribution.
Form – 6A Consolidated Annual Contribution Statement.
Form – 10 Form of Maintenance of Accounts.
Form – 11 Balance Sheets

(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

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acting on his behalf, FCI will be at liberty to withhold the pending bills, Security
Deposit etc., and or any other payments due to the Contractor.

(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 :-

Payment of Wages to Workers :-

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:

Form – I Register of fines.


Form – II Register of deduction for damage or loss caused to employer by the
neglect or default of the employed person.

Form – III Annual Return.


Form – IV O.T. Register for workers
Form – V Muster Roll
Form – IX A Abstract of the Act & Rules to be displayed on Notice Board.
Form – XI Wage slips should be issued to the Contract Labour in a day prior to
disbursement of wages.
The proforma of Wage Book, Wage Slip, Register of unpaid wages and Register of
Fines and Deductions giving the particulars as indicated in Appendix III.
The minimum wages prescribed for the time being for piece rate and time rate
workers are as indicated below:
1. Time rated worker
2. Piece Rated Workers

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Provided that equal wages to women labour at par with men shall be paid for similar
nature of work.

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.

(f) Welfare and Health of Contract Labour:


Duties and responsibilities of the Contractor:-

The contractor shall comply with the provisions as regards provision of


canteen /rest room, latrine, Urinal, Washing facilities, first aid facilities etc. As follows
as contained in the Contract Labour (Regulation & Abolition) Act 1970 and other
applicable laws as amended from time to time :
(i) Where contract labour is required to halt at night and work is likely to
continue for three months, a rest room is to be provided by the Contractor
within 15 days.
(ii) Where 100 or more Contract Labour is likely to continue work for six
months, the contractor shall provide a Canteen within 180 days of
employing labour.
(iii) Sufficient supply of drinking water at convenient places to be provided.
(iv) Sufficient number of latrines and urinals to be provided.
(v) Adequate and suitable washing, bathing places separately for men and
women, shall be provided by the contractor.
(vi) First Aid Box (one box for 60 Contract Labour) to be provided in working
hours.
(Vii) All the workers/ laboures engaged on the site of works should possess the
“PEHCHAN CARD” issued by ESIC under ESI ACT, 1948, If applicable, It is
required to get the workers registered with the concerned ESIC office within
a fortnight from the engagement of worker.

(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

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in this behalf shall be final and binding on the contractor. Every contractor shall also abide
by all the provisions of the Contract Labour (R&A) Act, 1970 and the Rules framed there-
under:
(ii) As per Rule 25 (2)(VIII), every contractor shall file a return intimating commencement /
completion of contract work within 15 days to the inspector in Form VI-A.
(v) (iii) As per Rule 75, the contractor shall maintain a Register of workmen
Employed in Form – XIII and he shall also display hours of work, nature of duty
etc.
(vi) (iv) Employment Card shall be given by Contractor in Form XIV to each worker
within 3 days of employment as per Rule 76. The proforma of Employment Card
is given in Appendix (III – a).

(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.

(d) Register of Advances in Form – XXII.

(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

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each default or materially incorrect statement. The decision of the Engineer -in-Charge shall
be final in deducting from any bill due to the contractor the amount levied as fine.

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.

4. The contractor shall maintain a register of Maternity Benefit at the site of


work in the prescribed Form V attached.

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

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AS “THE SAID Rules”), the Engineer-in-Charge shall have power to give Notice in writing to the
contractor(s) requiring that the said rules be complied with and the amenities prescribed
therein be provided to the work people within a reasonable time to be specified in the Notice.
If the contractor(s) shall fail within the period specified in the Notice to comply with and
observe the said rules and to provide the amenities to the work people as aforesaid, the
Engineer-in-Charge shall have the power to provide the amenities hereinbefore mentioned at
the cost of the contractor(s) The contractor(s) shall erect, make and maintain at his/their own
expense and to approved standards all necessary huts, and sanitary arrangements
required for his/their work people on the site in connection with the execution of the works
and if the same shall not have been erected or constructed, according to approved standards
the Engineer-in-Charge shall have power to give Notice in writing to the contractor(s) requiring
that the said huts and sanitary arrangements be remodelled and/or reconstructed according
to approved standards and if the contractor(s) shall fail to remodel or reconstruct such
huts and sanitary arrangement according to approved standards within the period specified
in the Notice, the Engineer-in-Charge shall have the power to remodel or reconstruct such
huts and sanitary arrangements according to approved standards at the cost of the
contractor(s).
CLAUSE 19H. The contractor(s) shall at his / their own cost provide his/ their about
with a sufficient number of huts (hereinafter referred to as the camp) of the following
specification on a suitable plot of land to be approved by the Engineer-in-Charge.
a) The minimum height of each hut at the eye level shall be 7 ft. and the floor
area to provide will be at the rate of 30 sq.ft. for each member of the workers
family staying with them.
b) The contractor(s) shall in addition construct cooking places having a minimum
area of 6 x 5 adjacent to hut for each family.
c) The contractor(s) shall also construct temporary latrines and urinals for the use
of the labourer of the scale of not less than four per each one hundred of the
total strength, separate latrines and urinals being provided for women.
d) The contractor(s) shall construct sufficient number of bathing and washing
places, one unit for every 25 persons residing in the camp. These bathing and
washing places shall be suitably screened.

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.

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2. Water Supply. The contractor(s) shall provide adequate supply of water for the use
of labourers. The provisions shall not be less than 2 gallons of pure and wholesome
water per head per day for drinking purposes and three gallons of clan water per head
per day for bathing and washing purposes. Where piped water supply is available,
supply shall be at stand posts and where the supply is from wells or rivers, tanks,
which may be of metal or masonry, shall be provided: The contractor(s) shall also at
his/their own cost make arrangements for lying pipelines for water supply to his/their
labour camp from the existing main wherever available and shall pay all fees and
charges thereof.

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.

5. Drainage – The contractor(s) shall provide sufficient arrangements of draining away


Sullage water so as to keep the camp neat and tidy.

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

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Corporation in the event of any of those courses being adopted the consequences specified
in the said Clause 3 shall ensure.

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.

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CLAUSE 26. The contractor shall fully indemnify the Food Corporation of India
against any action, claim or proceedings relating to infringement or use of any patent or design
or any alleged patent or design rights and shall pay an/royalties which may be payable in
respect of any article or part thereof included in the contract. In the event of any claims made
under or action brought against the corporation, in respect of any such matters as aforesaid
the contractor shall be immediately notified thereof and the contractor shall be at liberty, at
his own expense, to settle any dispute or to conduct any litigation that may arise there-from.
Provided that the contractor shall not be liable to indemnify the Food Corporation of India if
the infringement of the patent or design or any alleged patent or design right is the direct
result of an order passed by the Engineer-in-Charge in this behalf.
CLAUSE 27. When the estimate on which a Tender is made includes lump sums in
respect of parts of the work, the contractor shall be entitled to payment in respect of the
items of the work involved or the part of the work involved or the part of the work in question
at the same rates, as are payable under this contract for such items, or if the part of the work
in question is not, in the opinion of the Engineer-in-Charge capable of measurement, the
Engineer-in-Charge may at his discretion pay the lump sum amount entered in the estimate,
and the estimate, and the certificate in writing of the Engineer-in-Charge shall be final and
conclusive against the contractor with regard to any sum or sums payable to him under the
clause.
CLAUSE 28. In case of any class of work for which there is no such specifications
as referred to in clause 11, such work shall be carried out in accordance with the Bureau of
Indian Standard Specifications. In case there is no such specification in Bureau of Indian
standard, the work shall be carried out as per manufacturer specifications, if not available
then as per District specifications. In case there are no such specifications as required above,
the work shall be carried out in all respect in accordance with the instructions and
requirements of the Engineer-in-Charge.
CLAUSE 29(1). Whenever any claim, against the contractor for the payment of a sum
of money arises out of or under the contract, the Corporation shall be entitled to recover such
sum by appropriating, in part or whole, the Security Deposit of the contractor and to sell and
Government promissory notes etc. forming the whole or part of such security. In the event of
the security being insufficient or if s no security has been taken from the contractor then the
balance or the total sum recoverable as the case may be shall be deducted from any sum then
due or which at any time thereafter may become due from the contractor under this or any
other contractor with the Corporation. Should this sum be not sufficient to cover the full
amount recoverable, the contractor shall pay to the Corporation on demand the balance
remaining due, the FCI shall have the right to cause audit and technical examination of the
work and final bills of the contractor including all supporting vouchers, abstract etc. to be
made after payment of the final bill and if as a result of such audit and technical examination
any sum is found to have been overpaid in respect of any work done by him under the contract
and found to have been executed, the contractor shall be liable to refund the amount of over
payment and it shall be lawful for the FCI to recover the same from him in the manner
prescribed in sub-clause (i) of this contract or in any other manner legally permissible and if it
is found that the contractor was paid less than what was due to him under the contract in
respect of any work executed by him under it, the amount of such underpayment shall be duly
paid by the FCI to the Contractor. Provided that the FCI shall not be entitled to recover any
sum over paid, nor the contractor shall be entitled of any sum paid short where such payment

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has been, agreed upon between the Chief Engineer or the Engineer-in-charge and the
Contractor.

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.

Explanation “Controlled Area” means the following area


Bihar : District of Madhubani, Hazaribagh, Jumtra Sub-division of SanthalParganas
West Bengal: District of Bankura, Birbhum, Burdwan
Chatisgarh : District of Bilaspur

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.

(2) The Engineer-in-charge shall make alternative arrangement of supply of water


at the risk and cost of contractor if the arrangements made by the Contractor
for procurement of water are in the opinion of the Engineer-in-charge
unsatisfactory.

CLAUSE 31 (I) Water, if available will be supplied to the contractor, by the Department
subject to the following conditions:

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1) The water charges @ 1% shall be recovered on gross amount of the work
done.

2) The contractor(s) shall make his/their own arrangement of water connection


and the laying of pipe lines from existing mains or source of supply.

3) The department do not guarantee to maintain uninterrupted supply of water


and it will be incumbent on the contractor(s) to make alternative
arrangements for water at his/their own cost in the event of any temporary
break down in the Govt. water main so that the progress of his / their work is
not held up for want of water. No claim of damage or refund of water charges
will be entertained on account of such break down.

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

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materials in actual execution for reasons other than authorized changes of
specification and abandonment of portion of work, a corresponding deduction
equivalent to the cost of unused materials as determined by the Engineer-in-charge
shall be made and the material returned to the Contractors. The contractor
undertakes the responsibility for their proper watch, safe custody and protection
against all risks. The materials shall not be removed from site of work without the
consent of the Engineer-in-charge in writing.

(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.

CLAUSE No. 34 -A (For Concrete / Bituminous Roads)

(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:

S.No. Time % of Security Deposit will be released

1 At the end of 1st Year 0.5%

2 At the end of 2nd Year 0.75%

3 At the end of 3rd Year 1.00%

4 At the end of 4th Year 1.25%

5 At the end of 5th Year 1.5%

(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.

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(iii) If pursuant to or under any law, notification or order any royalty, cess or the
like becomes payable by the FCI and does not any time become payable by the
Contractor to the State Government. Local authorities in respect of any material used
by the contractor in the works then in such a case, it shall be lawful to the Corporation
and it will have the right and be entitled to recover the amount paid in the
circumstances as aforesaid from dues of the contractor.

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

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and in case of such withdrawal, the contractor shall appoint another such Representative
according to the provisions of this clause. Decision of the Tender accepting authority shall be
final and binding on the contractor in this respect. Such a principal technical Representative
shall be appointed by the contractor soon after receipt of the approval from Engineer-in-
Charge and shall be available at site within fifteen days of start of work.
If the contractor (or any Partner in case of firm/company) who himself has such
qualifications, it will not be necessary for the said contractor to appoint such a principal
Technical Representative but the contractor shall designate and appoint a responsible Agent
to represent him and to be present at the work whenever the contractor is not in a position
to be so present. All the provisions applicable to the principal Technical Representative under
the Clause will also be applicable in such a case to contractor or his responsible Agent. The
principal Technical Representative and/or the contractor shall on receiving reasonable Notice
from the Engineer-in-Charge or his designated Representative(s) in charge of the work in
writing or in person or otherwise, present himself to the Engineer-in-Charge and/or at the site
of work, as required, to take instructions. Instructions given to the principal technical
Representative or the responsible Agent shall be deemed to have the same force as if these
have been given to the contractor. The principal Technical Representative and/or the
contractor or the responsible authorized Agent shall be actually available at site at least
two working days every week, these days shall be determined in consultation with the
Engineer-in-Charge as well as fully during important stages of execution of work, during
recording of measurement of works and whenever so required by the Engineer-in-Charge by
a Notice as aforesaid and shall also note down the instructions and in token of acceptance of
measurements. There shall be no objection if the Representative/Agent looks after more than
one work and not more than three works in the same station provided these details are
disclosed to the Engineer-in-Charge and he shall be satisfied that the provisions and the
purpose of this clause are fulfilled satisfactorily.
If the Engineer-in-Charge, whose decision in this respect is final and binding on the
contractor, is convinced that no such Technical Representative or agent is effectively
appointed or is effectively attending or fulfilling the provision of this clause, a recovery shall
be effected from the contractor as specified in Schedule ‘F’ and the decision of the Engineer-
in-Charge as recorded in the site order Book and measurement recorded in Measurement
Books shall be final and binding on the contractor. Further if the contractor fails to appoint a
suitable Technical Representative or responsible agent and if such appointed persons are not
effectively present or do not discharge their responsibilities satisfactorily, the Engineer-in-
Charge shall have full powers to suspend the execution of the work until such date as a
suitable agent is appointed and the contractor shall be held responsible for the delay so
caused to the work. The contractor shall submit a certificate of employment of the Technical
Representative/responsible Agent along with every one account bill/final bill and shall
produce evidence if at any time so required by the Engineer-in-Charge.

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.

The Engineer-in-Charge shall be at liberty to object to and require the contractor to


remove from the works any person who in his opinion misconducts himself, or is incompetent
or negligent in the performance of his duties or whose employment is otherwise considered
by the Engineer-in-Charge to be undesirable. Such person shall not be employed again at

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works site without the written permission of the Engineer-in-Charge and the persons so
removed shall be replaced as soon as possible by competent substitutes.

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:-

a) Quantity of cement & bitumen shall be calculated on the basis of quantity of


cement & bitumen required for different items of work as shown in the schedule of Rates
mentioned in Schedule ’F’. In case any item is executed for which standard constants for the
consumption of cement or bitumen are not available in the above mentioned
schedule/statement or cannot be derived from the same shall be calculated on the basis of
standard formula to be laid down by the Engineer-in-Charge.

b) Theoretical quantity of steel reinforcement or structural steel sections shall be


taken as the quantity required as per design or as authorized by Engineer-in-Charge, including
authorized lap pages, chairs etc. plus 3% wastage due to cutting into pieces, such theoretical
quantity being determined and compared with the actual issues each diameter wise, section
wise and category wise separately.

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.

d) For any other material as per actual requirements.


ii) Over the theoretical quantities of materials so computed a variation shall be
allowed as specified in Schedule ’F’. The difference in the net quantities of material actually
issued to the contractor and the theoretical quantities including such authorized variation, if
not returned by the contractor or if not fully reconciled to the satisfaction of the Engineer-in-
Charge within fifteen days of the issue of written Notice by the Engineer-in-Charge to this
effect shall be recovered at the rates specified in Schedule ‘F’ without prejudice to the
provision of the relevant conditions regarding return of materials governing the contract.
Decision of Engineer-in-Charge in regard to theoretical quantities of materials, which should
have been actually used as per the Annexure of the standard schedule of rates and recovery
at rates specified in Schedule ‘F’ shall be final and binding on the contractor.

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.

CLAUSE 40 - Clause pertaining to damage to works in consequence of hostilities or


warlike operations.

“The work (whether fully constructed or not) and all materials, machines tools and

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plant, scaffolding, temporary building and other things constructed therewith shall be at the
risk of contractor until the work has been delivered to the Engineer-in-charge and a certificate
from him to that effect obtained. In the event of the work or any materials properly brought
to the site for incorporation in the work being damaged or destroyed in consequence of
hostilities or warlike operations the contractor shall when ordered in writing by the Engineer-
in-charge remove any debris from the site, collect any properly stack or remove in store all
unserviceable materials salvaged from the damaged work and shall be paid at the contract
rates, in accordance with provision of this agreement for the work of cleaning the site of
debris, stacking or removal of serviceable materials and for their construction of all work
ordered by Engineer-in-charge such payment being in addition to compensation up to the
value to the work damaged or destroyed but not already measured and paid for, the
compensation shall be assessed by the Engineer-in-charge up to Rs.5000/- and by the DGM
(CE) concerned for higher amount. The contractor shall be paid for the damage, construction
suffered and for restoring the materials at the rates based on the analysis of the rates
Tendered for in accordance with the provisions of this Agreement. The certificate of the
Engineer-in-charge regarding the quality of material and the purpose for which they were
collected shall be final and binding on all parties to this contract.

Provided always that no compensation shall be payable for loss in consequence of


hostilities or warlike operation (a) unless the contractor had taken all such precautions against
Air-Raids as necessary by the A.R.P. Officer or the Engineer-in-charge (b) for materials etc. Not
on the site of work for tools, plant, machinery scaffolding, temporary buildings and other
things not intended for the work.
In the event of the contractor having to carry out reconstruction aforesaid, he shall
be allowed such extension of time for its completion as considered reasonable by the
Engineer-in-charge.

Clause 41: FCI reserves the right to forthwith cancel any supplies under this contract if the
contractor is blacklisted by the GST authorities.

Signature of Asstt. General Manager (Engg.)


For and on behalf of the Food Corporation of India

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SAFETY CODE

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.

(iii) Working platform, gangways, and stairways should be so constructed that


they should not sag unduly or unequally and if the height of the platform or the gangway or
the stairway is more than 12 feet above ground level or floor level, they should be closely
boarded, should have adequate width and should be suitably fastened, as described in (ii)
above.

(iv) Every opening in the floor of a building or in a working platforms be provided


with suitable means to prevent the fall of persons or materials by providing suitable fencing
or raiding whose minimum height shall be 3-0”.

(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

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material shall not be placed within 5 feet of the trench or half of the depth of trench whichever
is more. Cutting shall be done from top to bottom. Under no circumstances undermining or
undercutting shall be done.

(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.

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(i) Overalls shall be supplied by the contractors to the Workmen and adequate
facilities shall be provided to enable the working painters to wash during the
course of work.
(j) When the work is done near any place where is risk of drowning, all necessary
equipment should be provided and kept ready for use and all necessary steps
taken for prompt rescue at any person in danger and adequate provision
should be made for prompt first aid treatment of all injuries likely to be
sustained during the course of the work.
(k) Use of hoisting machine and tackle including their attachments anchorage
supports shall be conform to the following standards or conditions:
1. (a) These shall be of good mechanical construction, sound materials and
adequate strength and free from patent defect and shall be kept in good
repair and in good working order.
(b) Every rope used in hoisting or lowering, materials or as a means of
suspension shall be of durable quality and adequate strength, and free from
patent defects.
2. Every crane driver or hoisting appliance operator shall be properly qualified
and no person under the age of 21 years should be in-charge of and hoisting machine including
any scaffolding winch or give signals to operator.
3. In case of every hoisting machine and of every chain ring hook, stickle, swivel
any pully block used in hoisting or as means of suspension, the safe working load shall be
ascertained by adequate means. Every hoisting machine and all gear referred to above shall
be plainly marked with the safe working load. In case of a hoisting machine having a variable
safe working load, each safe working load of the conditions under which it is applicable shall
be clearly indicated. No part of any machine or any gear referred to above in this paragraph
shall be loaded beyond the safe working load except for the purpose of testing.
4. In case of departmental machines, the safe working load shall be notified by
the Electrical Engineer-in-charge. As regards contractor’s machines the contractors shall
notify the safe working load of the machine to the Engineer-in-charge whenever he brings any
machinery to site of work and get it verified by the Electrical Engineer concerned.
(ix) Motors, gearing transmission, electric wiring and other dangerous parts of
hoisting appliances should be provided with efficient safeguards. Hosting appliances should
be provided with such means as will reduce to the minimum, the risk of accidental decent of
the load, adequate precautions should be taken to reduce and to minimise; the risk of any
part of a suspended load becoming accidentally displaced. When workers employed on
electrical installations which are already energised insulting mats, wearing apparel, such as
gloves, sleeves and boots as may be necessary should be provided. The workers should not
wear any rings, watches and carry keys or other materials which are good conductors of
electricity.
(xi) All scaffolds, ladders and safety devices mentioned or described herein shall
be maintained in safe condition and no scaffold, ladder or equipment shall be altered or
removed while it is in use. Adequate washing facilities should be provided at or near places of
work.

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(xi) These safety provisions should be brought to the Notice of all concerned by
display on a Notice board at prominent place at work spot. The person responsible for
compliance of the safety code shall be named therein by the contractor.

(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.

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Model Rules For the Protection of Health and Sanitary
Arrangements for Workers Employed
By Contractor
Application
These rules apply to all building and construction works in-charge of Food Corporation
of India.
2. Definition:
“Work place” means a place at which, at an average 20 or more workers are employed
in connection with construction work.
3.”First Aid”:
(a) At every work place there shall be maintained in a readily accessible place first
aid appliance including an adequate supply of sterilized dressings and
sterilized cotton wool. The appliances be kept in good order and in large work
place they shall be placed under the charge of a responsible person who shall
be readily available during working hours.
(b) At large work place, where hospital facilities are not available within easy
distance of the work. First Aid post shall be established and be run by a trained
compounder.
(c) Where the large work places are remote from regular hospitals, indoor ward
shall be provided with one bed for every 250 employees.
(d) Where large work places are situated in cities, in town or in their suburbs and
no beds are considered necessary owing to the proximity of city or town
hospitals suitable transport shall be provided to facilitate removal of urgent
cases to the hospitals. At other work places, some conveyance facilities, such
as a car shall be kept readily available to injured person or persons suddenly
taken seriously ill to the nearest hospital.
4. Drinking Water:
(a) In every work place, there shall be provided and maintained at suitable places
easily accessible to labour a sufficient supply of cold water fit for drinking.
(b) Where drinking water is obtained from intermittent public water supply, each
work place shall be provided with storage where such drinking water shall be
stored.
(c) Every water supply of storage shall be at a distance of not less than 50 feet from any
latrine, drain or other source of pollution. Where water has been drawn from an existing well
which is within such proximity of latrine, drain or any other source of pollution, the well shall
be properly chlorinated before water is drawn from it for drinking. All such wells shall be
entirely closed in and be provided with a trap-door which shall be dust free and waterproof.

(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:

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(i) Adequate washing and bathing places shall be provided, separately for men
and women,
(ii) Such places shall be kept in clean and drained condition.
6. Scale of Accommodation in Latrines and Urinals:
These shall be provided within the precincts of every work place latrines and urinals in an
accessible place, and the accommodation, separately for each of them: shall not be less than
the, following scale
No. of seats
(a) Where the number of person does not exceed 50 2
(b) Where the number of persons exceeds 50, but does not exceeds 100 3
(c) For every additional 100 3 per 100
In particular cases the Executive Engineer shall have the powers to vary the scale necessary.

7. Latrines and Urinals for Women:


If women are employed separate latrines and urinals, screened from those for men
and marked in the vernacular in conspicuous letters. “For Women only” shall be provided on
the scale laid in rule 6. Those for men shall be similarly marked “For men only”. A poster
showing the figure of a man and a woman shall also be exhibited at the entrance of latrines
for each sex. There shall be adequate supply of water close of the urinals and latrines.
8. Latrines and Urinals :
Except in work places provided with water flushed latrines, connected with a water borne
sewage system, all latrines shall be provided with receptacles on dry-earth system which shall
be cleaned at least four times daily and at least twice during working hours and kept in a
strictly sanitary condition. The receptacles shall be tarred inside and outside at least once a
year.

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.

10. Disposal of Excreta:


Unless otherwise arranged for by the local sanitary authority arrangements for proper
disposal of Excreta by incineration at the work place shall be made by means of suitable
incinerator approved by the Assistant Director of Public Health or the Municipal Medical
Officer of health, as the case may be, in whose jurisdiction the work place is situated.
Alternatively excreta may be disposed off by putting a layer of night soil at the bottom of
pucca tank prepared for the purpose and covering it with a 6” layer of waste or refuse and
then covering it up with a layer of earth for a fortnight (when it will turn into manure).

11. Provision of Shelters during rest:

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At every work place there shall be provided, free of cost, two suitable sheds one for meals
and the other for rest separately for men and women for the use of labour. The height of the
shelter shall not be less than 11 feet from the floor level to the lowest part of the roof. The
sheds should be roofed with at least thatch and mud flooring will be provided with a dwarf
wall around not less than 2-1/2 feet. Sheds should be kept clean and space should be on the
basis of at least 5 square feet per head.

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.

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CONTRACTOR’S LABOUR REGULATIONS
Short Title:

1. These regulations may be called the “Contractors” Labour regulations”.


2. If these regulation, unless otherwise expressed or indicated the words and
expressions shall have the meaning hereby assigned to them respectively that is to
say.

(i) “Labour” means worker employed by the Corporation’s contractor directly or


indirectly through a subcontractor or other persons or by an agent on his
behalf on a payment not exceeding Rs.400/- per month and will not include
supervisory staff like Overseers etc.
(ii) “Fair Wages” means wages whether for time or piece work notified at the
time of inviting Tenders for work and where such wages prescribed by the
Government of India in the Ministry of Labour and Employment vide SO
No.1917 published in the Gazette of India. Extraordinary Part 11 Section (3)
subsection (ii) dated 19.5.1969.
(iii) “Contractor” shall include every person whether a sub-contractor or head
man or agent employing labour on the work taken on contract.
(iv) “Wages” shall have the same meanings as defined in the payment of Wages
Act and include time and piece rate wages.

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).

3. Display of Notice regarding Wages etc. The contractor shall :

(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

(b) Send a copy of such Notices to the certifying officer.

4. Payment of wages
(i) Wages due to every worker shall be paid to him direct.

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(ii) All wages shall be paid in current coin or currency or in both.
(iii) Arrears claimed after 3 months after the completion of work shall not be
entertained.

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.

(i) No wage period shall exceed one month.


(ii) Wages of every worker employed on the contract shall be paid (a) in case of
establishment in which wage period is one week within 3 days from the end
of the wages period and (b) in the case of other establishments before the
expiry of the 7th day or 10th day from the end of the wage period according as
the number of workers employed in such establishments does not exceed
1000 or exceeds 1000.

(iii) When the employment of any worker is terminated by or on behalf of the


contractor the wages earned by him shall be paid before the expiry of the day
exceeding the one on which his employment is terminated.
(iv) All payment of wages shall be made on a working day except when the work
is completed before the expiry of wage period; in which case final payment
shall be made within 48 hours of the last working day at work site and during
the working time.

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

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any such card with him from the previous employer the contractor shall merely
endorse that Employment Card with relevant entries. On termination of employment
the employment card shall again be endorsed by the contractor and returned to the
workers.

(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.

8. Register of Accidents :- The contractor shall maintain register of accidents in such


form as may be convenient at the work place but the same shall include the following
particulars :-
(a) Full particulars of the labourers who met with accident.
(b) Rate of Wages
(c) Sex
(d) Age
(e) Nature of accident and cause of accident.
(f) Time and date of accident
(g) Date and time when admitted in hospital
(h) Date of discharge from the hospital
(i) Period of treatment and result of treatment
(j) Percentage of loss of capacity and disability as assessed by Medical Officer
(k) Claim required to be paid under Workman’s Compensation Act.
(l) Date of Payment of compensation
(m) Amount paid with details of persons to whom the same was paid
(n) Authority by whom the compensation was assessed
(o) Remarks.

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

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neglect or default.
(jj) Deduction for recovery of advance or for adjustment of over-payment of wages,
advance granted, shall be entered in a register.
(kk) Any other deduction which the Central Government may from time to time allow.

(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.

10. Register of fines, etc.

(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

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dues be paid to the labourers concerned. In case an appeal is made by the contractor
under Clause – 14 of these regulations actual payment to the labourers will be made
by the AGM(Engg.) after the Regional Labour Commissioner has given his opinion or
the decision on such appeal.

(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.

15. Prohibition regarding Representation through Lawyer – (i) A workman shall be


entitled to be represented in any investigation or enquiry under these regulations by
(a) An officer of registered trade union of which he is a member.
(b) An officer of a federation of trade unions to which the trade union referred to in
Clause (a) is affiliated.

(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.

(ii) An employee shall be entitled to be represented in any investigation or


enquiry under these regulations by :

(a) An officer of an association employees of which he is a member


(b) An officer of a federation of associations of employers to which the
association referred to in Clause (a) is affiliated.
(c) Where the employer is not a member of any association of employers by
an officer of association of employers, connected with, or by any other
employer engaged in the industry in which the employer is engaged.

(iii) No party shall be entitled to be represented by the legal practitioner in any


investigation or enquiry under these regulations.

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.

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18. Amendments – The Central Government may from time to time add to or amend the
regulation and on any question as to the application, interpretation or effect of these
regulation the decision of the Chief Labour Commissioner or Deputy – Chief Labour
Commissioner to the Government of India or any other person authorised by the
Central Government in that behalf shall be final.

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SITE INFORMATION

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.

2 Other Contractors: The contractor shall allow reasonable facilities to other


contractors working in the same area during the currency of his contract and
ensure that no damage is caused to any equipment or installations, due to
negligence of his own and or his sub-contractors/workman.

3 Contractor’s Working Area: The area to be allowed to the contractor for


execution of the work is shown in the layout drawing. The land allotted to
the contractor for erecting temporary work sheds, stores, site office etc. to be
constructed at his own expenses. Any conditional land required by the
contractor shall be arranged by him at his own cost and responsibility.

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.

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ADDITIONAL CONDITIONS

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.

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12. All types of mortars to be used in the work shall be mixed in the
mechanical mixer and hand mixing shall not be permitted.
13. The contractor shall make his own arrangement for getting the
permission to ply the trucks from the traffic police.
14. No payment shall be made to the contractor for any damage caused by
rain, snow fall, floods or any other natural causes whatsoever during the
execution of work. The damage caused to work shall have to be made
good by the contractor at his own cost and no claim on this account shall
be entertained.
15. Other agencies may also simultaneously be executing the work of
electrification, Horticulture or external services and other building works
for the same building, along with this work. The contractor shall afford
necessary facilities for the same and no claim in the matter shall be
entertained. The contractor shall especially co-ordinate with the other
agency carrying out his work.
16. Some restrictions may be imposed by the security staff etc. on the
working and or movement of labour and materials, etc. the contractor
shall be bound to follow all such restrictions / instructions and nothing
shall be payable on this account.
17. The contractor shall take all precautions to avoid accidents by exhibiting
necessary caution boards. He shall be responsible for all damages and
accidents caused due to negligence on his part. No hindrance shall be
caused to traffic during the execution of the work by storing materials on
the road.
18. The contractor shall be fully responsible for the safe custody of the
material issued or brought by him to site for doing the work.
19. Testing of materials:-
In case there is any discrepancy in the frequency of testing as given in the
list of mandatory test and that in the individual sub-head of work as per
the CPWD specifications 2019 Vol. I to II with upto date correction slips,
the higher of the two frequencies shall be followed and nothing extra shall
be payable to the contractor on this account. Samples of all fittings and
fixture to be provided shall be got approved from the Engineer-in-charge
before use in the work.
20. The rate for all items of work, shall unless otherwise clearly specified
include cost of all labour, material and other inputs involved in the
execution of the items.
21. The order of preference in case of any discrepancy as indicated in
condition no. under “Conditions of contract’ given in the General
Conditions of contract for Central P.W.D. work 2010 form may be read as
the following:
a) Description of Schedule of quantities.
b) Additional Specification’s and special conditions, if any.
c) Contract clauses of General conditions of contract for Central P.W.D.
works 2010 form.
d) CPWD Specifications.
e) Architectural drawings.
f) Indian Standard Specifications / BIS
g) Sound engineering practice.

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Any reference made to any Indian Standard Specifications in these
documents, shall imply to the latest version of that standard,
including such revisions / amendments as issued by the Bureau of
Indian Standards upto last date of receipt of tenders. The contractor
shall keep at his own cost all such publications of relevant Indian
Standards applicable to the work at site.
22. The contractor shall make his own arrangement of water for construction
and drinking purpose as well for electricity and its distribution at his own
cost. The department will render only assistance to the contractor for
making application to JB / authorized Electric supply agency, if required.
All the fees and charges including consumption charges shall be borne by
the contractor.
23. The contractor will not have any claim in case of any delay by the
Engineer-in-charge in removal of trees or shifting, removing of telegraph,
telephone or electric lines (overhead or underground), water and sewer
lines and other structure etc., if any which may come in the way of the
work. However, suitable extension of time can be granted to cover such
delay.
24. The malba / garbage generated at site due to construction activities shall
be removed from the site immediately & shall be disposed-off by the
contractor to the approved dumping site identified by the Engineer-in-
charge. The surplus soil / earth shall be disposed of as per the directions
of Engineer-in-charge separately.
25. The contractor shall clean the site thoroughly of scaffolding materials,
rubbish, equipment’s left out of his work and dress the site around the
building to the complete satisfaction of the Engineer-in-charge before the
work is treated as completed.
26. After survey all drawings and basic data shall be property of the FCI and
contractor submit the undertaking for not using for any other purpose
and anywhere else in future.
27. Provision of public procurement (Preference to make in India) order
2017 dated 15.06.2017.
I. The bids are being invited as per the provision of Public
Procurement (Preference to Make in India) order 2017 dated
15.06.2017 read with subsequent amendments and updates
issued from time to time and same is to be abided by the
bidders, failing which, the bid will become void.
II. The bidder should ensure that Provisions of Rule 144(xi) of
General Financial Rules (GFR) 2017 with subsequent
amendments and updates are followed in totality and in case of
any failure on this account, bid will become void.

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ADDITIONAL CONDITIONS FOR CEMENT & STEEL

CONDITIONS FOR CEMENT

The contractor shall procure 43 grade (conforming to IS:8112) Ordinary Portland


cement, as required in the work, from reputed manufacturers of cement having a
production capacity not less than one million tonnes or more per annum, such as
ACC, Ultra Tech, J.P. Cement, Vikram, Shri Cement, Birla Cement, JK Cement and
Cement Corporation of India etc., as approved by the Ministry of Industry, Govt. of
India, and holding license to use ISI certification mark for their product. Portland
puzzolana cement (fly ash based) conforming to IS: 1489 part I of equivalent grade
shall also be allowed in non- structural works. The tenderers may also submit a list of
names of cement manufacturers which they propose to use in the work. The tender
accepting authority reserves right to accept or reject name(s) of cement
manufacturer(s) which the tenderer proposes to use in the work. No change in the
tendered rates will be accepted if the tender accepting authority does not accept the
list of cement manufacturers, given by the tenderer, fully or partially. The supply of
cement shall be taken in 50 kg bags bearing manufacturer’s name and ISI marking.
Samples of cement arranged by the contractor shall be taken by the Engineer-in-
charge and got tested in accordance with provisions of relevant BIS Codes. In case
the test results indicate that the cement arranged by the contractor does not
conform to the relevant BIS Codes, the same shall stand rejected, and it 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.
The cement shall be brought at site in bulk supply of approximately 50 tonnes or as
decided by the Engineer-in-charge.
The cement godown of the capacity to store a minimum of 2000 bags
of cement shall be constructed by the contractor at site of work for
which no extra payment shall be made.
Double lock provision shall be made to the door of the cement godown. The keys of
one lock shall remain with the Engineer-in- charge or his authorized representative
and the keys of the other lock shall remain with the contractor. The contractor shall
be responsible for the watch and ward and safety of the cement godown. The
contractor shall facilitate the inspection of the cement godown by the Engineer-in-
charge at any time.
The cement shall be got tested by Engineer-in-charge and shall be used on the work
only after satisfactory test results have been received. The contractor shall supply
free of charge the cement required for testing including its transportation cost of
testing laboratories. The cost of test shall be borne by the contractor / department
in the manner indicated below :
a) By the contractor, if the results show that the cement does not
conform to relevant BIS Codes.

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b) By the department, if the results show that the cement conforms
to relevant BIS Codes.
c) If the cement brought is in smaller lots than specified in para 1.2
above, the cost of testing charges beyond the permissible
frequency shall be borne by the contractor until and unless
specifically directed otherwise, in writing, by the Engineer-in-
charge.
The actual issue and consumption of cement on work shall be regulated and proper
accounts maintained as provided in Clause 39 of the contract. The theoretical
consumption of cement shall be worked out as per procedure prescribed in Clause
39 of the contract and shall be governed by conditions laid therein. In case the
cement consumption is less than theoretical consumption including permissible
variation, recovery at the rate so prescribed shall be made. In case of excess
consumption no adjustment needs to be made.
The cement brought to the site and the cement remaining unused after completion
of the work shall not be removed from site without the written permission of the
Engineer-in-charge.
The damaged cement shall be removed from the site immediately by the contractor
on receipt of a notice in writing from the Engineer-in- charge. If he does not do so
within three days of receipt of such notice, the Engineer-in-charge shall get it
removed at the cost of the contractor.

CONDITIONS FOR STEEL

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

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be removed from the site of work by the contractor at his cost within a week time
or written orders from the Engineer-in-charge to do so.
Following additions are made under new para (f) to (h)

e) In case contractor is permitted to use TMT reinforcement bars procured from


secondary producers then:
f) The rate of providing & laying TMT reinforcement bars as quoted by the
contractor in the tender shall also be reduced by Rs.2.88 per kg.

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.

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CONDITIONS FOR PRECOATED IRON PROFILE /CGI SHEETS FOR ROOFING

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

In accordance with HQ letter no. HQ/CE/DPIIT/OM/PPP-MII Order/2021-22 dated 08.04.2022, it


is informed that “ restrictions on brand names of cement, steel and profile sheet, wherever it is
mentioned in MTF, may be treated as null & void”. All the other terms and conditions of MTF will
remain unchanged.

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ADDITIONAL CONDITIONS FOR ELECTRICAL WORKS
1. The work shall be carried out as per IE Rules/CPWD latest General Specifications as amended
upto date for Electrical Works , Air-conditioning, Fire fighting,Lift, Substation, DG set works.

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.

3. Requirements, if any of local Electricity Authority/Electrical inspectorate In respect of approval


of the installation and sanction of Electrical power shall also be complied with by contractor on
furnishing requisite documents, plans, schematic diagram etc.

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.

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16. The contractor shall consult the Engineer-In-Charge in writing regarding collections and stacking
of material required for the work. He shall not stack any material In any place other than those’
approved by the Engineer-In-Charge.

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.

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ADDITIONAL CONDITIONS AND SPECIFICATIONS

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.

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BID DATA SHEET
(Separate Performa for Civil, Elect. & Hort. Works in case of Composite Tenders)
(Operative Schedules to be supplied separately to each intending tenderer)

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’

Reference to General Conditions of contract

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

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Maximum percentage for quantity of items of work
To be executed beyond which rates are to be
Determined in accordance with Clauses 12.2 & 12.3 See below
Definitions
2(v) Engineer-in-charge :-………. AGM (CE)
2(viii) Accepting Authority ……… G.M.(Engg.) /As per DOP
2(x) Percentage on cost of materials and
Labour to cover all overheads and profits: 15%
2(xi) Standard Schedule of Rates ……CPWD DSR 2023
2(xii) Department ……FCI, R.O., (Pb.), Chandigarh
9(ii) Standard FCI Contract Form and correction slip upto date

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

Mile stone(s) as per table given below:


S.No. Description of Time allowed in days Amount to be withheld in case of
Milestone (Physical) (From date of start) non-achievement of mile stone
1. 1/3 rd of total work 60 days 2.00%
2. 2/3 rd of total work 120 days 3.00%
3. Final completion of 180 days 5.00%
work

Time allowed for execution of work ………………180 days


Authority to decide
(i) Extension of time As per DOP/G.M. (Engg) (Engineer-in-charge or
Engineer-in-charge of Major Component in case of Composite Contracts, as the
case may be)
(ii) Rescheduling of mile stones As per DOP/G.M. (Engg)

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(Dy. Genl. Manager (CE) in-charge or DGM (CE) Engineer-in-charge of Major
Component in case of Composite Contracts, as the case may be)

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

Clause 10B (ii)

Whether Clause 10B (ii) shall be applicable No


Clause 10C
Component of labour expressed as percent of value of work 25%
Clause 10CA
S. Material cover Nearest Material (other than cement, Base price of all
No. under this reinforcement bars and the structural material covered
clause steel) for which All India Wholesale under clause 10 CA
Price Index to be followed.
1. NA NA NA
2. NA NA NA
3. NA NA NA
4. NA NA NA

*Base price of all the materials covered under clause 10 CA is to be mentioned at the time of
approval of NIT.

Clause 10CC --Deleted


Clause 10 CC to be applicable in contracts with Stipulated
Period of completion exceeding the period shown in next column Nil months
Schedule of component of other Materials, Labour, POL etc. for price escalation.
Component of civil (except materials covered under
Clause 10CA / Electrical construction Materials
Expressed as percent of total value of work NA
Component of labour –
Expressed as percent of total value of work NA

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Component of P.O.L. -
Expressed as percent of total value of work NA
Clause 11
Specifications to be followed for execution of work --------- CPWD 2019 Vol I & II
12.2 & 12.3 Deviation Limit beyond which clauses
12.2 & 12.3 shall apply for building work 100%
12.5 Deviation limit beyond which clauses
12.2 & 12.3 shall apply for foundation work 100%

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

As per Site Requirement

Clause 38(a)

Requirement of Technical Representative(s) and recovery Rate


Sl. Minimum Discipline Designation Minimum No. Rate at which recovery
No. qualification of (Principal / Experience shall be made from the
Technical Technical contractor in the event of
Representative Representative non-fulfilling provision of
clause 38(ii)
Figure Words
1 Graduate Civil Project 5(and having Rs. 25000 per Rupees Twenty
Engineer (1) Manager experience of month Five thousand
one similar only
nature of
work)

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.

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Clause 39
(i ) a. Schedule / statement for determining theoretical
Quantity of cement & bitumen on the basis of Delhi
Schedule of Rates 2023 Printed by CPWD
(ii) Variations permissible on theoretical quantities

(a) Cement
For works with estimated cost put to tender Not
more than Rs. 5 lakhs 3% plus / minus

For works with estimated cost put to tender


more than Rs.5 lakh 2% plus / minus
(b) Bitumen All Works 2.5% plus only &
nil on minus side

(c) Steel reinforcement and structural steel sections


For each diameter, section and category 2% plus / minus

(d) All other materials Nil

RECOVERY RATES FOR QUANTITIES BEYOND PERMISSIBLE VARIATION


S.No. Description of item Rates in figures and words at which
recovery shall be made from the
contractor
Excess beyond Less use beyond
permissible permissible
variation variation
1. Cement N.A. N.A.
2. Steel Reinforcement N.A. N.A.
3. Structural Sections N.A. N.A.
4. Bitumen issued free N.A. N.A.
5. Bitumen issued at stipulated fixed N.A. N.A.
price

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FORM I
Sl. Name Father’s / Sex Department Nature & date of Whether workman Rate Date and Date on Remarks
No. Husband offence for which showed cause against of amount which
fine fine or not of fine

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

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FORM – III
EMPLOYMENT CARD (Regulation) 6 (111)]
Name and sex of the worker
Father’s Name Age or date of birth
Address Identification marks
Particulars of next to kin (wife and children, if any, or of dependent next of kin in case the worker has
no wife or child)

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

BACK SIDE OF THE CARD


Sl. Name of work Wage Wage rate Total wage earned Remarks Signature
No. done by the period (with by the worker of the
worker particulars of during the period employer
unit in case of shown under
piece work) column 5

: If the worker is employed both on piece and rates the relevant entries in each case should
be made separately

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FORM – IV
ATTENDANCE CUM WAGE CARD

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

Wage Date on which Gross Deduction, Actual Date Signature


period overtime wages if any Wages payment of the
worked payable paid worker

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FORM – V
The contractor shall maintain a register of Maternity (Benefit) in the prescribed form as shown below
and the same be kept at place of work.

REGISTER OF MATERNITY BENEFIT


Clause 19 of the condition of contract

Name and address of the Contractor (s) …………………………………………………………………………………


Name and location of work …………………………………………………………………………………………………….

Name of the Father’s / Nature of Period of Date of which Date of


Employee Husband’s employment actual notice of Delivery /
Name appointment confirmation miscarriage
1. 2. 3. 4. 5. 6.

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.

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Specimen form of the Register regarding Maternity Benefit admissible to contractor’s labour.

Name of work
Name of Contractor

1. Name of woman and her husband’s name


2. Designation
3. Date of appointment
4. Dates with months and year in which she is employed
5. Date of discharge / dismissals, if any
6. Date of production of certificate in respect of pregnancy
7. Date of which the woman informs about the expected delivery
8. Date of delivery / miscarriage / death
9. Date of production of certificate in respect of delivery / miscarriage
10. Date with the amount of maternity / death benefit paid in advance expected delivery
11. Date of the amount of subsequent payment of maternity benefit
12. Name of the person nominated by the woman to receive the payment of the maternity
benefit after the death.
13. If woman dies, the date of her death, the name of the person to whom maternity
benefit amount was paid, the month thereof and date of payment.
14. Signature of the contractor authenticating entries in the register
15. Remarks (column for the use of inspecting Officer)

SCHEDULE OF FAIR WAGES PUBLISHED VIDE EXTRA ORDINARY


GAZETTE OF INDIA
Part II Section (3) Sub-Section (ii) Dated 19.5.69
Sl.No. Categories of employees All inclusive minimum rates of wages
per day including the wages for
weekly day of rest
Rs. P.
01. Bhist
02. Black Smith 1) 1st Class
2) 2nd Class
03. Carpenter 1) 1st Class
2) 2nd Class
04. Chowkidar The fair wage rates prevailing in the
05. Coolies 1) Male (Beldar) District on the date of receipt of
2) Female (Coolies) tender and any notification issued
06. Fitter Class 1 subsequently by respective State
07. Asstt. Fitter or 2nd Government / Central Government.
Class fitter
08. Mason (Bricklayer) 1) 1st Class
2) 2nd Class
09. Mason for stone work 1) Plain
2) Ornamental
10. Mate
11. Mistry Class 1
12. Painter
13. Rock cutting labourer (a)Excavator

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(b) Breaker
(c) Hole Driller
(d)Stones chiseller
14. Sewer man
15. Skilled Beladar
(for floor rubbing etc.)
16. Whitewasher
(unskilled)
17. 5 Donkeys with man
18. Welder
19. Stone Cutter (a) 1st Class
(b) 2nd Class
20. Driver for mixer truck
and Road Roller
NOTE: 1.The minimum rates of wages shall consist of an inclusive rates and include also the wages
for weekly day of rest.
2.The minimum rates of wages for disabled persons shall be 70 percent of the rates payable to
adult workers of the appropriate category.

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FOOD CORPORATION OF INDIA

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

Estimated Peak Force …………………………………………………………………………….


Estimated Average Force ……………………………………………………………………….

Signature of Contractor

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FOOD CORPORATION OF INDIA

The tenderer shall list below key plants & equipment’s to be used for this contract.

PLANTS AND EQUIPMENTS

Sl. No. Description of key plant & equipment’s No.

Signature of Contractor

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Annexure – III
Vendor details
Particular Details
1. Name of the Vendor
2. Constitution of the Vendor (Proprietor, HUF, Partnership
Firm, LLP, Private/Public Company, Society/Club/Trust/AOP,
Foreign Company, Govt. Dept., Others)
3. PAN of the Business (along with copy of PAN Card)
4. Software used by your organization for accounting
purpose
5. Details of Goods (along with HSN Code/ Excise
classification) being/to be supplied to our organization
6. Details of Services (along with HSN code) being/to be
supplied to our organization
7. Following details for each supplying State (from which
material/services is being or proposed to be supplied to
us) [Refer Comments]
8. Nature of the Vendor (SEZ unit/SEZ Developer/STPI
Unit/Normal entity/Foreign entity)
9. Category of vendor (Normal registered / Registered
under composition/ Unregistered / Located outside India)
10. Address
11. State code (Code as prescribed under GST)
12. Latest Contact No.
13. Latest Fax No. (if any)
14. Latest E-mail ID (if any)
15. GSTIN allotted by the Government (along with
registration certificate)
16. Effective date of registration

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.

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FOOD CORPORATION OF INDIA

PROFORMA FOR AGREEMENT

(To be Executed on non Judicial stamp paper of Rs. 500/- Only

THIS AGREEMENT made this ……………………………………… day of ………………………………...


between the Food Corporation of India, established under the Food Corporation Act, 1964 having its
Head Office at 16-20m Barakhamba Lane, New Delhi and its Regional Office at
………………………………………….. (which expression shall mean and include its successor or successors in
office and assignee) acting through the A.G.M. (Engg.), Food Corporation of India, ……………. hereinafter
called ‘The Corporation’ on the one part and M/s. / Shri …………………….
…………………………………………………………………………………………………… hereinafter called the “Contractor”
which expression shall mean and include their heirs executors and administrators and assignee) of the
other part.

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.

AND WHEREAS The Corporation accepted the tender of Contractor ……………………


………………………………………………………………………………………………. for the provision and the execution of
the said work at the rates stated in the Schedule of quantities of work (hereinafter called the “Schedule
of rates”) upon the terms and subject to the condition of contract.

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

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conditions of contract such payments to be made at such time and in such manner as is provided
in the contractor.

IN WITNESS WHEREOF the parties have executed these presents in duplicate the date and year first
above written.

SIGNED AND DECLIVERED FOR AND ON BEHALF OF M/s. / Shri ……………………………………


IN THE PRESENCE OF
WITNESS .. 1.
2.

SIGNED AND DELIVERED FOR AND ON BEHALF OF THE


FOOD CORPORATION OF INDIA
IN THE PRESENCE OF
WITNESS .. 1.
2.

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FOOD CORPORATION OF INDIA

INDENTURE FOR SECURED ADVANCES

(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.

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4. That the Contractor shall make at his own cost all necessary and adequate arrangements for the
proper watch, safe custody and protection against all risks of the said materials and that until
used in construction as aforesaid the said materials shall remain at the site of the said works in
the Contractor’s custody and on his own responsibility and shall be all times be open to
inspection by the Engineer-in-charge Food Corporation of India, or any Officer authorized by
him. In the event of the said materials getting damaged or becoming deteriorated in a greater
degree than is due to reasonable use and were thereof, the Contractor will forthwith repair and
make good the same as required by the Engineer-in-charge.
5. That the said materials shall not on any account be removed from the site of the said works
except within the written permission of the Engineer-in-charge of the Corporation or an officer
authorized by him in that behalf.
6. That the advances shall be repayable in full when or before the contractor receives payment
from the Corporation of the price payable to him for the said works under the terms and
provisions of the said agreement. Provided that if any intermediate payments are made to the
Contractor on account of work done then on the occasion of each such payment the
Corporation will be at liberty to make recovery from the Contractor’s bill for such payment by
deducting therefrom the value of the said materials then actually used in the construction and
in respect of which recovery has not been made previously, the value for this purpose being
determined in respect of each description of materials at the rates at which the amounts of the
advances made under these presents were calculated.
7. That if the Contractor shall at any time make any default in the performance or observance in
any respect of any of the terms and provisions of the said agreement or of these presents the
total amount of the advance or advances that may still be owning to the Corporation shall
immediately on the happening of such default be repayable by the Contractor to the
Corporation together with interest thereon at twelve percent per annum from the date or
respective dates or of such advance or advances of the date of repayment and with all costs,
charges, damages and expenses incurred by the Corporation in or for the recovery thereof or
the enforcement of this security or otherwise by reasons of the default of the Contractor and
the Contractor hereby Covenants and agree with the Corporation to repay and pay the same
respectively to Corporation accordingly.

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.

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(c) Deduct all or any part of the moneys owing out of the security deposit or any sum due to
the Contractor under the said agreement.

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.

Signed and delivered for and on behalf of Contractor

In the presence of

WITNESSES :

1. Signature
Name
Address
2. Signature
Name
Address

Signed by and delivered and on behalf of the Food Corporation of India


(Office Seal)
In the presence of
WITNESSES :
1. Signature
Name
Address
2. Signature
Name
Address

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Page | 109
Contractor’s Sign
AGM (Engg.)
PERFORMANCE GUARANTEE / BANK GUARANTEE BOND

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 ……………………………

Indicate the name of the Bank

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Page | 110
AGM (Engg.) Contractor’s Sign
GUARANTEE TO BE EXECUTED BY CONTRACTOR FOR REMOVAL OF DEFECTS
AFTER COMPLETION

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.

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Page | 111
Contractor’s Sign
AGM (Engg.)
CLIENT’S CERTIFICATE REG. PERFORMANCE OF CONTRACTOR

Name & address of the Client ……………………………………………………………………………………………

Details of Works executed by Shri / M/s. ………………………………………………………………………….

1. Name of work with brief particulars


2. Agreement No. and date
3. Agreement amount
4. Date of commencement of work
5. Stipulated date of completion
6. Actual date of completion
7. Details of compensation levied for delay
(indicate amount) if any
8. Gross amount of the work completed and paid
9. Name and address of the authority under
whom works executed
10. Whether the contractor employed qualified
Engineer/Overseer during execution of work
11. i) Quality of work (indicate grading) Outstanding/Very Good/Good/Poor
ii) Amount of work paid on reduced rates, if any
12. i) Did the contractor go for arbitration?
ii) If yes, total amount claim
iii) Total amount awarded
13. Comments on the capabilities of the Contractor

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

“Countersigned Reporting Office


With Office Seal”

Signature of the Officer of the rank of


Executive Engineer or Equivalent Officer
Or Engineer-in-charge

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Page | 112
Contractor’s Sign
AGM (Engg.)

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