Bid Identification No.: 04 /Tender/OBCC/2024-25: Page 1 of 172
Bid Identification No.: 04 /Tender/OBCC/2024-25: Page 1 of 172
Bid Identification No.: 04 /Tender/OBCC/2024-25: Page 1 of 172
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Table of Contents
Page No.
Sl. No. Section Particulars
4 3 Conditions of Contract
5 4 Contract data
6 5 Technical Specifications
10 9 Payment Schedule
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PART-1
BIDDING PROCESS
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ODISHA BRIDGE & CONSTRUCTION CORPORATION LIMITED
(A Government of Odisha Undertaking)
VIKASH BHAVAN, NAYAPALLI, BHUBANESHWAR-751012
6. LAST DATE AND TIME FOR RECEIPT OF BIDS : Dt. 17.09.2024 up to 5.30 PM
9. :
DATE AND TIME OF OPENING OF FINANCIAL TO BE ANNOUNCED
BIDS
10. :
PLACE OF OPENING OF BIDS Office of the EIC cum Managing
Director, Odisha Bridge &
Construction Cooperation Ltd.,
Vikash Bhavan, 2nd Floor
Conference Hall, Nayapalli,
Bhubaneshwar-751012.
11. :
OFFICER INVITING BIDS Chief General Manager - III
Odisha Bridge & Construction
Corporation Ltd., Odisha.
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SECTION 1:
INSTRUCTION TO BIDDERS
(ITB)
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A. GENERAL INSTRUCTIONS
1. Scope of Bid:
1.1 The Employer [As mentioned in Bid Data Sheet at the end of Section-1] invites bids for the works
namely [As mentioned in Bid Data Sheet at the end of Section-1] with design and execution (as defined
in this document and referred to as “the works”).
1.2 The successful bidder shall be expected to complete the works by the intended completion date
specified in the Contract.
1.3. Throughout these bidding documents, the terms 'bid' and 'tender' and their derivatives (bidder, tenderer,
bid/ tender, bidding/ tendering, etc.) are synonymous. Contractor means the selected bidder for the
work.
2. Source of Funds:
The expenditure on this project shall be met from the State Plan Scheme, Government of Odisha.
3. Eligible Bidders:
3.1. This Invitation for Bids is open to all bidders registered with the Government of Odisha or other State
Governments / Government of India / MES / Railways for execution of Civil works in general and
Road, Bridge & Building work in particular. Bidders are advised to note the minimum qualification
criteria specified in the “Instruction to Bidders” to qualify for the award of contract.
3.2. All bidders shall provide in Section 2, Forms of Bid and Qualification Information.
3.3 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices.
4.1 All bidders shall provide Forms of Bid and Qualification Information under Section 2, a preliminary
description of the proposed work method and schedule, including drawings and charts, as necessary.
The proposed methodology should include program of construction backed with equipment planning
and deployment duly supported with broad calculations and quality – assurance procedures proposed to
be adopted justifying their capability of execution and completion of work as per technical
specifications, within stipulated period of completion.
4.2 If the Employer has not undertaken prequalification of potential bidders, all bidders shall include the
following information and documents with their bids in Section 2:
(a) Copies of original documents defining the constitution or legal status, place of registration, and
principal place of business, written power of attorney of the signatory of the Bid to commit the
Bidder;
(b) Financial Turnover of the bidder from civil construction works during last five financial years
ending 31.03.2024.[As mentioned in Bid Data Sheet at the end of Section-1]
(c) Experience in similar works [As mentioned in Bid Data Sheet at the end of Section-1] and size for
each of the last five financial years preceding the NIT, and details of works under way or
contractually committed and clients who may be contacted for further information on those
contracts;
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(d) Major items of construction equipment proposed to carry out the Contract;
(e) Qualifications and experience of key site management and technical personnel proposed for the
Contract;
(f) Reports on the financial standing of the Bidder, such as profit and loss statements and auditor's
reports for the past five financial years ending 31.03.2024;
(g) Evidence of adequacy of working capital for this contract [access to line (s) of credit and availability
of other financial resources];
(i) Information regarding any litigation, arbitration, debarment, termination, notice for recession of
contract, abandonment of work, etc. resulting from contracts executed or under execution by the
bidder within the last five years of bid submission due date of this tender. The information shall
include the name of the employer with contact details, description of work, agreement no., status and
matter of dispute and/or issues, contact details of employer;
(j) Proposals for subcontracting components of the works amounting to more than …. [As mentioned in
Bid Data Sheet at the end of Section-1] percent of the Bid Price (for each, the qualifications and
experience of the identified sub-contractor in the relevant field should be annexed); and
(k) The proposed methodology and program of construction, backed with equipment planning and
deployment, duly supported with broad calculations and quality control procedures proposed to be
adopted, justifying their capability of execution and completion of the work as per technical
specifications within the stipulated period of completion as per milestones as mentioned in the
Contract data. . [As mentioned in Bid Data Sheet at the end of Section-1]
(l) Deleted
(m) Deleted
(n) Deleted
(o) Deleted
4.3 Bids from Joint ventures/association of firms: ……. [As mentioned in Bid Data Sheet at the end of
Section-1].
4.4 A. To qualify for award of contract, each bidder in its name should have in the last five financial
years immediately preceding the financial year in which the bids are received: -
(a) Achieved a minimum annual financial turnover1 from civil construction works of ................. [As
mentioned in Bid Data Sheet at the end of Section-1].
(b) Satisfactorily completed, as a prime Bidder, at least one similar work / any major civil
construction work of value not less than………. [As mentioned in Bid Data Sheet at the end of
1 Financial turnover from construction works and cost of completed works of previous financial years
shall be given weightage of 10% (ten percent) per year based on rupee value to bring them to the price
level up to the year of bid invitation.
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Section-1]. Bidder should submit completion certificate for Central / State Government projects. For
private sector projects, completion certificate with TDS shall be submitted.
(c) Deleted
(d) Bidders must furnish their bid, a detailed construction planning and methodology supported with
layout and necessary drawings and detailed calculations to allow the employer to review their
proposals
(a) Availability (either owned or leased) of the following key and critical equipment for this work:
1.
2.
(b) The bidders should, however, undertake their own studies and furnish with their bid, a
detailed construction planning and methodology supported with layout and necessary drawings and
detail calculations to allow the employer to review their proposals. The numbers, types and capacities
of each plant/equipment shall be shown in the proposals along with the cycle time for each operation
for the given production capacity to match the requirements.
(c) Liquid assets and / or availability of fund based credit facilities/ overdraft facilities of not less
than the amount of Rs. [As mentioned in Bid Data Sheet at the end of Section-1] crores (Credit lines /
Letter of Credit / Certificate from banks for meeting the fund requirements, etc). Usually, the
equivalent of the estimated cash flow for three months in peak construction period.
4.5 Sub-contractors' experience and resources shall not be taken into account in determining the bidder's
compliance with the qualifying criteria. [Clarified in Bid Data Sheet at the end of Section-1]
4.6 Bidders who meet the minimum qualification criteria will be qualified only if their available bid
capacity is more than the total bid value. The available bid capacity will be calculated as under:
Where:
2 Based on the preliminary studies carried out by the department, an indicative list of major equipment
and their quantity to attain the completion of works are shown in the Bid Data Sheet.
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A = Maximum value of civil engineering works executed in any one financial year during the last five
financial years (updated to bid invitation year .............. [As mentioned in Bid Data Sheet at the end of
Section-1] price level) taking into account the completed as well as works in progress.
N = Number of years prescribed for completion for which the bid has been invited
B = Value (updated to the price level on the financial year in which bids are received) of existing
commitments and on-going works3 to be completed during the next .................... [As mentioned in Bid
Data Sheet at the end of Section-1]
4.7 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they
have:
(a) Made any misleading or false representations in the forms, statements and attachments submitted
in proof of the qualification requirements; and/or
(b) Record of poor performance such as abandoning the works, not properly completing the contract,
inordinate delays in completion, litigation history, or financial failures etc.; and / or
(c) Participated in the previous bidding for the same work and had quoted unreasonably high bid
prices and could not furnish rational justification to the employer.
6. Cost of Bidding:
The bidder shall bear all costs associated with the preparation and submission of his Bid, and the
Employer will in no case be responsible and liable for those costs.
7. Site visit:
The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit and examine the Site of
Works and its surroundings and obtain all information that may be necessary for preparing the Bid and
entering into a contract for construction of the Works. The costs of visiting the Site shall be at the
Bidder's own expense.
3 The statements showing the value of existing commitments and on-going works as well as the stipulated
period of completion remaining for each of the works listed should be countersigned by the Engineer-in -
charge, not below the rank of an Executive Engineer or equivalent or certified by registered Chartered
Accountant.
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B. BIDDING DOCUMENTS
8.1 The set of bidding documents comprises the documents listed below, and addenda issued in accordance
with Clause 10:
Section Particulars Volume No.
Invitation for Bids
1 Instructions to Bidders
4 Contract data
5 Technical Specifications II
9 Payment Schedule
10 Documents to be furnished by bidder V
8.2. The Bidder shall download the above-listed documents and shall submit his bid after preparing the
same in compliance to Section-2 (refer clause 12).
8.3. The bidder shall be expected to examine carefully all instructions, conditions of contract,
contract data, forms, terms, technical specifications, annexures and drawings in the Bid
Document. Failure to comply with the requirements of Bid Documents shall be at the bidder’s
own risk. Pursuant to Clause 26 hereof, bids which are not substantially responsive to the
requirements of the Bid Documents, shall be rejected.
9.1 A prospective bidder requiring any clarification of the bidding documents may notify the
Employer in writing or by cable (hereinafter "cable" includes telex, facsimile and e-mail) at
the Employer's address indicated in the invitation to bid. The Employer will respond to any request
for clarification which he received earlier than 15 days prior to the deadline for submission of
bids. Copies of the Employer's response will be posted in the e-procurement portal, including a
description of the enquiry but without identifying its source.
9.2.1 The bidder or his official representative is invited to attend a pre-bid meeting which shall be held
through video conferencing as mentioned in Bid Data Sheet at the end of Section-1].
9.2.2 The purpose of this meeting will be to clarify issues and to answer questions on any matter that may
be raised at this stage.
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9.2.3 The bidder is requested to submit any questions in writing to reach the Employer not later than the
date as mentioned in the Bid Data Sheet
9.2.4 Minutes of the meeting/ response to queries, including the text of the questions raised (without
identifying the source of enquiry) and the responses given will be uploaded in the e-procurement
portal. Any modification of the bidding documents listed in Sub-Clause 8.1 which may become
necessary as a result of the pre-bid meeting/ queries shall be made by the Employer exclusively
through the issue of an addendum/ corrigendum pursuant to Clause 10 and not through the minutes of
the pre-bid meeting.
9.2.5 Non-attendance at the pre-bid meeting or non-submission of pre-bid query will not be a cause for
disqualification of a bidder.
10. Amendment of Bidding Documents:
10.1 Before the deadline for submission of bids, the Employer may modify the bidding documents by
issuing addendum/ corrigendum.
10.2 Any addendum/ corrigendum thus issued shall be part of the bidding documents and shall be posted
in e-procurement portal.
10.3 To give prospective bidders reasonable time [As mentioned in Bid Data Sheet at the end of Section-1]
in which to take an addendum into account in preparing their bids, the Employer shall extend as
necessary the deadline for submission of bids, in accordance with Sub-Clause 20.2 below.
10.4 The addendum/ corrigendum shall also be available in official website ................ [As mentioned in Bid
Data Sheet at the end of Section-1].
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C. PREPARATION OF BIDS
12.1 The bid to be submitted by the bidder shall be in two separate parts (refer Clause 8.1):
Cover-I: Shall be named "Technical Bid" and shall comprise (to be submitted online only): -
(ii) Scanned copy of Transaction receipt of the Bid Processing fee & Scanned copy of
Transaction receipt / Bank Guarantee of Bid Security/ EMD
(v) Undertaking that the bid shall remain valid for the period specified in Clause 15.1 of Bid
Data Sheet
Cover –II: Shall be named "Financial Bid" and shall comprise (to be submitted online only)
The Bidder shall furnish the Design Basis Report (DBR) in Cover-III as indicated in this
Annexure. The intent of this DBR is to present the salient features of technical
considerations and scope of work envisaged by the bidder for the project, based on which
the bidder has made its financial offer.
The bidder shall make sure that the DBR should cover sections on Architectural, civil,
structural, electrical, public health engineering, HVAC, fire protection system, elevator
systems and other monitoring and control systems, landscaping aspects For Details Please
refer Annexure-III to ITB. DBR to be given weightage in 15 marks in Technical
Evaluation.
13.1 The contract shall be for the whole work as described in Sub-Clause 1.1, based on the Lump Sum
Price Bid submitted by the Bidder.
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13.2 The bidder shall fill the total bid price as Lump Sum Price (both in figures and words) for
execution of work on Lumpsum / Turnkey basis including all items of works as specified in the
Bid document.
13.3 The prices tendered shall except in so far as it is otherwise, provided under the contract, include all
constructional plant, labour, supervision, materials, erection maintenance, insurance, profit, taxes and
duties except GST & other levies together with all general risks, liabilities and obligations set out or
implied in the contract.
13.4 The lump sum bid price quoted by the bidder shall be fixed for the duration of the Contract and shall
not be subject to adjustment on any account.
The currency of bid and payment shall be quoted by the bidder entirely in Indian Rupees. All
payments shall be made in Indian Rupees.
15.1 Bids shall remain valid for a period ............ [As mentioned in Bid Data Sheet at the end of Section-1]
after the due date for bid submission specified in Clause 20. A bid valid for a shorter period shall be
rejected by the Employer as non-responsive. In case of discrepancy in bid validity period between
that given in the undertaking pursuant to Clause 12.1 (v) and the Form of Bid submitted by the
bidder, the latter shall be deemed to stand corrected in accordance with the former and the bidder
has to provide for any additional security that is required.
15.2. In exceptional circumstances, prior to expiry of the original time limit, the Employer may request that
the bidders and the bidder may extend the period of validity for a specified additional period. The
request and the bidders' responses shall be made in writing or by cable / e-mail. A bidder may refuse
the request without forfeiting his bid security. A bidder agreeing to the request will not be required or
permitted to modify his bid but will be required to extend the validity of his bid security for a
period of the extension, and in compliance with Clause 16 in all respects.
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17. Alternative Proposals by Bidders:
Bidders shall submit offers as per his own estimate based on his own design & drawing but complying
with the requirements of the bidding documents, including the basic technical design parameters and
as per regulations of concerned Urban Development Authority, OECBC, specifications relevant to
MoRT&H, IRC, IS Codes & NBC.
Conditional offers or alternative offers will not be considered further in the process of tender
evaluation.
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D. SUBMISSION OF BIDS
19. Sealing and Marking of Bids – Refer e-procurement procedure as annexed in Annexure-I to ITB for
Cover-I and Cover-II of the bid (Clause-12.1).
20.1 Bid shall be received on or before [As mentioned in 20.1 of Bid Data Sheet at the end of Section-1] as
notified in IFB.
20.2 The Employer may extend the deadline for submission of bids by issuing an amendment in
accordance with Clause 10, in which case all rights and obligations of the Employer and the bidders
previously subject to the original deadline will then be subject to the new deadline.
Not applicable as per e-Procurement procedure. Employer will not be responsible for non-submission
of bids due to technical glitch (like slow net speed, crash of portal) in e-procurement portal.
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E. BID OPENING AND EVALUATION
Information relating to the examination, clarification, evaluation, and comparison of Bids and
recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not
officially concerned with such process until the award is successful and Bidder has been announced.
Any effort by a Bidder to influence the Employer's processing of Bids or award decisions may result
in the rejection of his Bid.
25.1. To assist in the examination, evaluation, and comparison of Bids, the Employer may, at his discretion,
ask the lowest evaluated responsive bidder for clarification of his Bid, including breakdowns of unit
rates. The request for clarification and the response shall be in writing or by cable/e-mail, but no
change in the price or substance of the Bid shall be sought, offered, or permitted.
25.2. Subject to Sub-Clause 24.1, no Bidder shall contact the Employer on any matter relating to his bid
from the time of the bid opening to the time the contract is awarded. If the Bidder wishes to bring
additional information to the notice of the Employer, it should do so writing.
25.3. Any effort by the Bidder to influence the Employer in the Employer's bid evaluation, bid comparison
or contract award decisions may result in the rejection of the Bidders' bid.
26.1 During the detailed evaluation of "Technical Bids", the Employer will determine whether each Bid
(e) Is substantially responsive in accordance with the procedure as per Annexure-II and
substantially responsive to the requirements of the Bidding documents. After Prequalification
Evaluation (Phase-I), Technical Evaluation (Phase-II) and Power Point Presentation (Phase-
III) the Bidder enter into Financial Evaluation. During the Financial evaluation of the
“Financial Bid” of the lowest evaluated bidder, the responsiveness of the bids will be further
determined with respect to the remaining bid conditions, i.e., priced bill of quantities,
technical specifications, and drawings.
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26.2 A substantially responsive “Financial Bid” is one which conforms to all the terms, conditions, and
specifications of the Bidding documents, without material deviation or reservation. A material
deviation or reservation is one (a) which affects in any substantial way the scope, quality, or
performance of the works; (b) which limits in any substantial way, inconsistent with Bidding
documents, the Employer’s rights or the Bidder’s obligations under the Contract; or (c) whose
rectification would affect unfairly the competitive position of other Bidders presenting substantially
responsive Bids.
26.3 If a “Financial Bid” is not substantially responsive, it will be rejected by the Employer and may not
subsequently be made responsive by correction or withdrawal of the non-conforming deviation or
reservation.
28.1. The Employer will evaluate and compare only the Bids determined to be substantially responsive in
accordance with the procedure as per Annexure-II.
28.2. The Employer reserves the right to accept or reject any variation arising out of change in scope of
work. Such variations, which are in excess of the requirements of the Bidding documents, shall
not be taken into account in Bid evaluation.
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F. AWARD OF CONTRACT
29.1 Subject to Clause 30, the Employer will award the Contract to the Bidder whose Bid has been
determined to be substantially responsive to the Bidding documents and who has offered the lowest
evaluated Bid price, provided that such Bidder has been determined to be
29.2 In no case, the contract shall be awarded to any bidder whose available bid capacity is less than
the evaluated bid price, even if the said bid is the lowest evaluated bid. The contract will in
such cases be awarded to the next lowest bidder at his evaluated bid price.
30. Employer's Right to accept any Bid and to reject any or all Bids:
30.1 Notwithstanding Clause 29, the Employer reserves the right to accept or reject any Bid and to cancel
the Bidding process and reject all Bids at any time prior to the award of Contract, without thereby
incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected
Bidder or Bidders of the grounds for the Employer's action.
30.2 The Employer reserves the right to reject any Application and/ or bid if:
(b) The Bidder does not provide, within the time specified by the Employer, the supplemental
information sought by the Employer for evaluation of the Bid.
30.3 In case it is found during the evaluation or at any time before signing of the Agreement or after its
execution and during the period of subsistence thereof, including the Defects Liability Period, that one
or more of the bid conditions have not been met by the Bidder , or the Bidder has made material
misrepresentation or has given any materially incorrect or false information, the Bidder shall be
disqualified forthwith if not yet appointed as the Contractor either by issue of the LOA or entering into
the Agreement , and if the Bidder has already been issued the LOA or has entered into the Agreement,
as the case may be, the same shall, notwithstanding anything to the contrary contained therein or in
this RFP, be liable to be terminated, by a communication in writing by the Employer to the Bidder ,
without the Employer being liable in any manner whatsoever to the Bidder and without prejudice to
any other right or remedy which the Employer may have under this RFP, the Bidding Documents, the
Agreement or under applicable law.
30.4 The Employer reserves the right to verify all statements, information and documents submitted by the
Bidder in response to the tender document. Any such verification or lack of such verification by the
Employer shall not relieve the Bidder of its obligations or liabilities hereunder nor will it affect any
rights of the Employer thereunder
31.1 The Bidder whose Bid has been accepted will be notified of the award by the Employer prior to
expiration of the Bid validity period by cable, telex, facsimile or e-mail confirmed by registered letter.
This letter (hereinafter and in the Conditions of Contract called the "Letter of Acceptance (LoA)" will
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state the sum that the Employer will pay the Bidder in consideration of the design and execution the
works on a turnkey basis by the Bidder as prescribed by the Contract (hereinafter and by the Contract
called the "Contract Price").
31.2 The notification of award will constitute the formation of the Contract, subject only to the furnishing
of a performance security in accordance with the provisions of Clause 32.
31.3 The Contract will incorporate all agreements between the Employer and the successful Bidder. The
detail work program and milestone wise activity shall be finalized during contract negotiation with
the successful bidder within 14 days after issue of Letter of Acceptance. The agreed work program/
milestone shall form part of the contract agreement. Within 21 days of receipt of Letter of
Acceptance, the successful Bidder will sign the Agreement and deliver it to the Employer.
The agreement will be signed by the Employer and sent to the successful Bidder, within 28
days following the notification of award along with the Letter of Acceptance
31.4 Upon the furnishing by the successful Bidder of the Performance Security, the
Employer will promptly notify the other Bidders that their Bids have been unsuccessful.
31.5 In the event of non-payment of the performance security by the L1 bidder, the successful bidders in
sequence (L2, L3 ….) may be asked for negotiation for execution of the work with the bid price
quoted by the L1 bidder.
32 Performance Security:
32.1 Within 21 days of receipt of the Letter of Acceptance, the successful Bidder shall deliver to the
Employer a Performance Security [valid for a period as stipulated in Cl. 48 of Conditions of
Contract & in the contract data] in any of the forms given below for an amount equivalent to
5 (five) % of the Contract price:
• a e-bank guarantee issued by any bank indicated in Bid data sheet payable at par by its branch
at Bhubaneswar in the form given in Section 6; or
• a deposit receipt of any Bank Schedule Bank (list indicated in Bid Data Sheet) / Post Office
Savings Bank Account / National Savings Certificate / Post Office Time Deposit Account duly
pledged in favour of the [As mentioned in Bid Data Sheet at the end of Section-1].
32.2 Deleted
32.3 Failure of the successful Bidder to comply with the requirements of Sub-Clause 32.1 shall constitute
sufficient grounds for cancellation of the award and suitable action under provision of Bid Security or
suspension from further bidding for a period of three years from bid due date.
33. Advance Payment and Security - The Employer shall make advance payment to the Contractor of
the amounts stated in the Contract Data by the date stated in the Contract Data, against provision by
the Contractor of an Unconditional Bank Guarantee in a form and by a Bank acceptable to the
Employer in amounts and currencies equal to 110 (hundred & ten) % of the advance payment.
34.1 It is required that the bidders / contractors observe the highest standard of ethics during the
procurement and execution of such contracts. In pursuance of this policy, it is:
(a) Defined, for the purposes of this provision, the terms set forth below as follows:
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(i) “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to
influence the action of a public official in the procurement process or in contract execution
and
34.2 The Employer will reject a proposal for award if it determines that the Bidder recommended for award
has engaged in corrupt or fraudulent practices in competing for the contract in question and will
declare the firm ineligible, either indefinitely or for a stated period of time, to be awarded a contract, if
it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for,
or in executing the contract.
34.3 Furthermore, Bidders shall be aware of the provision stated in sub-clause 23.2 and sub-clause 54.2 of
the Conditions of Contract.
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ANNEXURE-I to ITB
Contractor not registered with Government of Odisha, can participate in the e-procurement after
necessary enrolment in the portal but have to subsequently register themselves with the appropriate
registering authority of the State Government before award of the work as per prevalent registration
norms of the State.
1.1 To log on to the portal the Contractor/Bidder is required to type his/her username and password.
The system will again ask to select the DSC and confirm it with the password of DSC. For each
login, a user’s DSC will be validated against its date of validity and also against the Certificate
Revocation List (CRL) of respective CAs stored in system database. The system checks the
unique ID, password and DSC combination and authenticates the login process for use of portal.
1.2 The tender documents uploaded by the Tender Inviting Officer in the website
https://tendersodisha.gov.in will appear on the “Active Tenders” Section of the homepage. Only a
small notification will be published in the newspaper specifying the work details along with
mention of the specific website for details. The publication of the tender will be for specific
period of time till the last date of submission of bids as mentioned in the ‘Invitation for Bid’ after
which the same will be removed from the list of Active tenders. Any bidder can view or down
load the bid documents from the web site.
1.3 Contractor exempted from payment of EMD will be able to participate in the tender directly by
uploading documentary evidences towards his eligibility for such exemption.
1.4 The software application has the provision of payment of cost of tender document through
payment gateways of authorized bankers by directly debiting the account of the bidders.
1.5 Furnishing scanned copy of such documents is mandatory along with the tender documents
otherwise his/her bid shall be declared as non-responsive and thus liable for rejection. It is
mandatory that the DSC issued in the name of the authorized signatory is used in the portal.
1.6 In the case of any failure, malfunction, or breakdown of the electronic system used during the e-
procurement process, the tender inviting officer shall not accept any responsibility for failures or
breakdowns other than in those systems strictly within their own control.
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1.7 Any third party/company/person under a service contract for operation of e-procurement system
in the State or his/their subsidiaries or their parent companies shall be ineligible to participate in
the procurement processes that are undertaken through the e-procurement system irrespective of
who operates the system.
1.8 For submission of Bids through the E-Procurement Portal, the bidder shall up load the scanned
copy/copies of document in prescribed format wherever warranted in support of eligibility criteria
and qualification information. The on-line bidder shall have to produce the original documents in
support of the scanned copies and statements uploaded in the portal before the specified date as
per DTCN.
1.9 Each bidder shall submit only one bid for one package. A bid is said to be complete if
accompanied by cost of bid document and appropriate bid security. The system shall consider
only the last bid submitted through the E-Procurement portal.
1.10 The bidder may ask questions related to tender online in the e-procurement portal using
his/her DSC, provided the questions are raised within the period of seeking clarification as
mentioned in tender call notice/Bid. The Officer inviting the Bid/ Procurement Officer-Publisher
will clarify quarries related to the tender.
1.11 The details of drawings and documents pertaining to the works available with the officer
inviting the Bid as well as in the office of the Superintending Engineer and Executive Engineer as
mentioned in the Contract Data will be open for inspection by the bidders. The bidder is required
to down load all the documents for preparation of his bid. It is not necessary for the part of the
Bidder to up-load other Bid documents (after signing) while up-loading his bid. He is required to
up load documents related to his eligibility criteria and qualification information and Bill of
Quantities duly filled in. It is assumed that while participating in the bid, the bidder has referred
all the drawings and documents. Seeking any revision of rates or backing out of the bid claiming
for not having referred to any or all documents provided in the Bid by the Officer Inviting the Bid
will be construed as plea to disrupt the bidding process and in such cases the bid security shall be
forfeited.
1.12 Any addendum / corrigendum/ cancellation of tender shall be published in the website
https://tendersodisha.gov.in, notice board and through paper publication and such notice shall
form part of the bidding documents.
1.13 The system generates a mail to those bidders who have already uploaded their tenders and
those bidders if they wish can modify their tenders. The bidders are required to which the website
till last date and time of bid submission for any addendum/ corrigendum/ cancellation thereof.
Tender inviting authority is not responsible for communication failure of system generated mail.
All the volumes/documents shall be uploaded / provided in the portal by the Officer inviting the
bid. The bidder shall carefully go through the document and prepare the required documents and
up load the scanned documents in Portable Document Format to the portal in the designated
locations of Technical Bid. He will fill up the rates of items or percentage in the BOQ down
loaded for the work in designated Cell and up loads the same in designated locations of Financial
Bid. Bidders are to submit only the original BoQ uploaded by publisher after entering the relevant
fields without any alteration/deletion/modification. Multiple BoQ submission shall lead to
cancellation of bid. In case of item rate tender, bidders shall fill in their rates other than zero value
in the specified cells. In the percentage rate tender, the bidder quoting Zero value is valid and will
be taken as Schedule of Rates. Submission of document shall be affected by using DSC of
appropriate class.
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2. PAYMENT OF EMD/ BID SECURITY AND COST OF BID DOCUMENTS:
The Bidder shall furnish, as part of his Bid, a Bid security for the amount mentioned under Contract Data
in shape of Bank Guarantee. Non-submission of bid security within the designated period shall debar the
bidder from participating in the on-line bidding system and his portal registration shall be cancelled. His
name shall also be informed to the registering authority for cancellation of his registration.
2.1 The EMD or Bid Security payable along with the bid as mentioned in the bid document.
2.2 Deleted.
2.3 The tender accepting authority will verify the originals of all the scanned documents of the
successful lowest bidder only within 5 days of opening of the tender (price bid). In the eventuality of
failure on the part of the lowest successful bidder to procedure the original documents, he will be
debarred in future from participating in tender for 3 years and will be blacklisted by the competent
authority. In such as situation, successful L-2 bidder will be required to produce his original
documents for consideration of his tender at the negotiated rate equal to L1 bidder.
2.4 Contractor exempted from payment of EMD will be able to participate in the tender directly by
uploading documentary evidence towards his eligibility for such exemption.
2.5 Government of Odisha has introduced e-payment gateway into the portal for payment of cost of
Bid and Bid Security/ Earnest Money Deposit. The process of using e-payment gateway is
mentioned in the “Procedure for Electronic receipt, accounting and reporting of Cost of Tender
Paper and Earnest Money Deposit on submission of bids”.
3 FORMAT AND SIGNING OF BID: (Logging to the Portal)-The Contractor/ Bidder is required to type
his/her Login ID and Password. The system will again ask to select the DSC and confirm it with the
password of DSC as a second stage authentication. For each login, a user’s DSC will be validated against
its date of validity and also against the Certificate Revocation List (CRL) of respective CAs stored in
system database. The system checks the unique Login ID, Password and DSC combination and
authenticates the login process for use of portal.
The bidder can download the tender of his choice and save it in his system and undertake the
necessary preparatory work off-line and upload the completed tender at his convenience within the
final date and time of submission. The bidder shall only submit single copy of the required documents
and Price Bid in the portal. In the Financial bid, the bidder cannot leave any figure blank. He has to
only write the figures; the words will be self-generated. The Bidders are advised to up load the
completed Bid document well ahead of the last date & time of receipt to avoid any last moment
problem of power failures etc.
3.1 The Bidder shall go through the Bid carefully and list the documents those are asked for
submission. He shall prepare all documents including Declaration form, price bid etc and store in
the system.
3.2 The bidder shall log on to the portal with his DSC and move to the desired tender for up loading
the documents in appropriate place one by one simultaneously checking the documents. Once the
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Bidder makes sure that all the documents have been up-loaded in appropriate place, he clicks the
submit button to submit the bid to the portal.
3.3 The bids once submitted cannot be retrieved or corrected. Tender cannot be pre-opened and
cannot be submitted after due date and time. Therefore, only after satisfying that all the
documents have been uploaded, the Bidder should activate submit button.
3.4 In the e-procurement process each process are time stamped. The system can identify each
individual who has entered in to the portal for any bid and the time of entering in to the portal.
3.5 The Bidder should ensure clarity of the document up loaded by him to the portal, especially the
scanned documents by taking out sample printing. Non-submission of legible documents may
render the bid non-responsive. However, the Officer inviting the Bid if so, desires can ask for
legible copies or original copies for verification within a stipulated period provided such
document in no way alters the Bidder’s price bid. If the Bidder fails to submit the original
documents within the stipulated date, his bid security shall be forfeited.
4 SUBMISSION OF BIDS: -
4.1 The bidder shall carefully go through the tender and prepare the required documents. The bid shall
have a Technical Bid and a Financial Bid. The Technical bid generally consists of GSTIN, PAN,
Registration Certificate, Affidavits, Profit Loss statement, List of similar nature of works, work in
hand, list of machineries and any other information required by OIT. The Financial Bid shall
consist of the Bill of Quantities (BOQ) and any other price related information/ undertaking
including rebates.
4.2 Bidders are to submit only the original BOQ (in .xls format) uploaded by Procurement Officer
Publisher (Officer Inviting Tender) after entering the relevant fields without any alteration/
deletion/ modification. Multiple BOQ submission by bidder shall lead to cancellation of bid. In
case of items rate tender, bidders shall fill in their rates other than zero value in the specified cells
without keeping it blank. In the percentage rate tender the bidder quoting zero percentage is valid
and will be taken at par with the estimated rate of the work put to tender.
4.3 The bidder shall upload the scanned copy/ copies of document in support of eligibility criteria and
qualification information in prescribed format in Portable Document Format (PDF) to the portal in
the designated locations of Technical Bid.
4.4 The bidder shall write his name in the space provided in the specified location in the Protected
Bill of Quantities (BOQ) published by the Officer Inviting Tender. The bidder shall type rates in
figure only in the rate column of respective items(s) without any blank cell in the rate column in
case of item rate tender and type percentage excess or less up to two decimal places only in case
of percentage rate tender.
4.5 The bidder shall log to the portal with his/ her DSC and move to the desired tender for uploading
the documents in appropriate place one by one simultaneously checking the documents.
4.6 Bids cannot be submitted after due date and time. The bids once submitted cannot be viewed,
retrieved or corrected. The Bidder should ensure correctness of the Bid prior to uploading and
take print out of the system generated summery of submission to confirm successful uploading of
bid. The bids cannot be opened even by the OIT or the Procurement Officer Publisher/ opener
before the due date and time of opening.
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4.7 Each process in the e-procurement is time stamped and the system can defect the time of log in of
each user including the Bidder.
4.8 The Bidder should ensure clarity/ legibility of the document uploaded by him to the portal.
4.9 The system shall require all the mandatory forms and fields filled up by the contractor during the
process of submission of the bid/ tender.
4.10 The bidder should check the system generated confirmation statement on the status of the
submission.
4.11 The bidder should upload sufficiently ahead of the bid closure time to avoid traffic rush and
failure in the network.
4.12 The Tender Inviting Officer is not responsible for any failure, malfunction or breakdown of
the electronic system used during the e-procurement process.
4.13 The Bidder is required to upload documents related to his eligibility criteria and qualification
information and Bill of Quantity duly filled in. It is not necessary for the part of the bidder to
upload the drawing and the other Bid documents (after signing) while uploading his bid. It is
assumed that the bidder has referred all the drawings and documents uploaded by the Officer
Inviting the Bid.
4.14 The Bidder will not be able to submit his bid after expiry of the date and time of submission
of bid (server time). The date and time of bid submission shall remain unaltered even if the
specified date for the submission of bids declared as a holiday for the Officer Inviting the Bid.
4.15 The ‘Online bidder’ shall digitally sign on all statement’s documents, certificates uploaded
by him, owning responsibility for their correctness/ authenticity as per IT ACT 2000. If any of
the information furnished by the bidder is found to be false/ fabricated/ bogus, his EMD/BID
Security shall stand forfeited and his registration in the portal shall be blocked and the bidder is
liable to be blacklisted.
5.1 All bid data uploaded by the Bidder to the portal will be encrypted by the DSC of the opener(s).
The system shall require all the mandatory forms and fields filled up by the contractor during the
process of submission of the bid/tender.
5.2 The Bid shall be received in encrypted format by the system which can only be decrypted /
opened by the authorized openers only on or after the due date and time.
6.1 The online bidding will remain active till the last date and time of the bid submission. Once the
date and time (Server date and time) is over, the bidder will not be able to submit the bid. The date
& time of bid submission shall remain unaltered even if the specified date for the submission of
bids declared as a holiday for the Officer inviting the Bid.
7.1 Resubmission of bid by the Bidders for any number of times before the final date and time of
submission is allowed.
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7.2 Resubmission of bid shall require uploading of all documents including price bid afresh.
7.3 If the bidder fails to submit his modified bids within the pre-defined time of receipt, the system
shall consider only the last bid submitted.
8 LATE BIDS:
8.1 The system shall reject submission of any bid through portal after closure of the receipt time. For
all purpose the server time displayed in the e-procurement portal shall be the time to be followed
by the bidder and concerned officers.
9.1 In the E-Procurement Portal, it is allowed to modify the bid any number of times before the final
date and time of submission. The bidder shall have to log on to the system and resubmit the
documents as asked for by the system including the price bid. In doing so, the bids already
submitted by the bidder will be removed automatically from the system and the latest bid only
will be admitted. But the bidder should avoid modification of bid at the last moment to avoid
system failure or malfunction of internet or traffic jam or power failure. If the bidder fails to
submit his modified bids with in the designated time of receipt, the bid already in the system shall
be taken for evaluation.
9.2 In the E-Procurement Portal, withdrawal of bid is allowed. But in such case, he has to write a
letter with appropriate reasons for his withdrawal addressed to the Officer inviting the bid and up
load the scanned document to portal in the respective bid before the closure date and time of
receipt of the bid. The system shall not allow any withdrawal after expiry of the closure time of
the bid.
10.1 Bid opening date is specified during tender creation or can be extended with corrigendum. This date is
available in IFB, tender document as well as the home page of portal. Bid opening can be done by the
authorized users which are defined during the tender publication / approval stage. The bids are encrypted
using their public keys and can be decrypted only on or after the Bid Opening due date and time. The bid
openers private key will be required to open the bids and all the openers have to log on to the portal
during that time.
10.1.1 The bidders who participated in the on-line bidding can witness opening of the bid from any system
logging on to the portal with the DSC away from opening place. Contractors are not required to be
present during the bid opening at the opening location if they so desire.
10.1.2 Each activity is date and time stamped with user details. For time stamping, server time is taken as the
reference.
10.2 In the event of the specified date of bid opening being declared a holiday for the Officer inviting the
Bid/Engineer-in-Charge, the bids will be opened at the appointed time on the next working day.
10.3 In case bids are invited for more than one package, the order for opening of the “Bid” shall be that in
which they appear in the “Invitation for Bid”.
10.4 The Bid openers; who have been pre-defined shall log on to the portal with their respective DSC. Unless
all the Officers who have been declared as Opening officers, log on the portal with their DSC the Tender
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cannot be opened.
10.5 In case of non-responsive tender, the officer Inviting tender should complete the e-Procurement process
by uploading the official letter for cancellation/ re-tender.
11 EVALUATION OF BIDS: -
11.1 All the opened bids shall be downloaded and printed for taking up evaluation. The officer authorized to
open the tender shall sign and number on each page of the documents downloaded and furnish a
certificate that “the documents as available in the portal containing nos. of pages”.
11.2 After opening of technical bid, the bidder may be asked in writing / online (in their registered e-mail ID)
to clarify on the uploaded documents provided in the Technical Bid, if necessary, with respect to any
doubts or illegible documents required for Technical Evaluation. The Officer Inviting Tender may ask for
any other document of historical nature during Technical Evaluation of the tender. Provided in all such
cases, furnishing of any document in no way alters the bidders price bid. Non submission of legible
documents may render the bid non-responsive. The authority inviting bid may reserve the right to accept
any additional document.
11.3 The bidders will respond in not more than 7 days of issue of the clarification letter, failing which the bid
of the bidder will be evaluated on its own merit
11.4 Immediately, on receipt of these clarifications, the Evaluating Officers; predefined in the system for the
bid, will finalize the list of responsive bidders. They will log on to the site with their DSC and record
their comments on the technical evaluation page in the system. The Officer Inviting the Bid if also the
accepting authority, shall log on to the system with his digital signature and check the technical
evaluation. He can either accept or pass on to the evaluating officers for re-evaluation. Upon acceptance
of technical evaluation by the Accepting authority in the system, the system shall automatically generate
letter to all the responsive bidders and the system shall forward the letter to all the responsive bidder that
their technical bid has been evaluated responsive with respect to the data/information furnished by him
and the letter shall also intimate him the date & time of opening of financial bid. The system shall also
inform the non-responsive bidders in their e-mail ID that their bid has been found non-responsive.
11.5 The Technical evaluation of all the bids shall be carried out up as per the information furnished by the
Bidders. But evaluation of the bid does not exonerate the bidders from checking their original documents
and if at a later date the bidder is found to have misled the evaluation through wrong information, action
as per relevant clause of DTCN shall be taken against the bidder/contractor.
11.6 The Procurement Officer-Evaluators will evaluate bid and finalized list of responsive bidders.
11.7 Opening of price bid and evaluation of lowest bidder is subject to satisfaction of other qualification
information.
11.8 The financial bids of the technically responsive bidders shall be opened on the due date of opening. The
Procurement Officer-Openers shall log on to the system in sequence and open the financial bids.
11.9 The Financial Bid will be opened on the notified date & time in the presence of bidders or their
authorised representative who wish to be present.
11.10 At the time of opening of “Financial Bid”, the names of the bidders whose technical bids were found
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responsive will be announced and the bids of only those bidders will be opened. The remaining bids will
be rejected.
11.11 The responsive bidders’ name, the bid prices, the item wise rates, the total amount of each item in case
the item rate tender and percentage above or less in case of percentage rate tenders will be announced.
any discounts and withdrawals, and such other details as the officer inviting the tender may consider
appropriate, will be announced by him or his authorized representatives at the time of opening.
11.12 Rebate/discount offer if any uploaded to the system shall be declared and recorded first.
11.13 The Financial bid of the bidders shall be opened one by one by the designated officers. The system
shall auto-generate the Comparative statement.
11.14 The Bidder can witness the principal activities and view the documents/summary reports for that
particular work by logging on to the portal with his DSC from anywhere.
11.15 Procurement Officer-Openers shall sign on each page of the download BOQ and the Comparative
Statement and furnish a certificate to that respect.
11.16 System provides an option to Procurement Officer Publisher for reconsidering the rejected bid with
the approval of concern Chief Engineer/ Head of Department.
12.1 For examination, evaluation, and comparison of bids, the officer inviting the bid may, at his
discretion, ask the lowest bidder for clarification of his rates including reduction of rate on
negotiation and breakdowns of unit rates.
12.2 On opening of the price bid the system shall arrange the financial bids in order of their value
(L1 first, followed by L2, L3 ….) for subsequent evaluation. The evaluation status (Sheet) will
be visible to all the participating bidders after opening on their respective logins. Each activity
is recorded in the system with date and time stamping.
13.1 In the E-Procurement Portal, the system shall generate the template of award letter, and the
Officer Inviting the Bid shall mention the amount of Performance Security and additional
security required to be furnished in the letter and intimate the bidders in his e-mail ID.
13.2 The Employer/ Engineer-in-Charge shall notify acceptance of the work prior to expiry of the
validity period by cable, telex or facsimile or e-mail confirmed by registered letter. This letter of
Acceptance will state the sum that the Engineer-in-Charge will pay the contractor in
consideration of execution and completion of the works by the contractor as prescribed by the
contract and the amount of performance security and Additional Performance Security required
to be furnished. The issue of the letter of Acceptance shall be treated as closure of the Bid
process and commencement of the contract.
13.3 The Contractor after furnishing the required acceptable Performance Security and Additional
Performance Security, “Letter of Proceed” or “Work Order” shall be issued by the Engineer-in-
Charge with copy thereof to the Procurement Officer-Publisher. The Procurement Officer-
Publisher shall up load the summery and declare the process as complete.
13.4 If the L1 bidder does not turn up for agreement after finalisation of the tender then he shall be
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debarred from participation in bidding for three years and action will be taken to blacklist the
contractor. In that case, the L2 bidder, if fulfils other required criteria would be called for
drawing agreement for execution of work subject to condition that the L2 bidder negotiates at
par with the quoted by the L1 bidder, otherwise the tender will be cancelled.
14.1 If the registration Certificate of the contractor is cancelled/ suspended by the registering
authority/ blacklisted by the competent authority his portal registration shall be blocked
automatically on receipt of information to that effect.
14.2 The portal registration blocked in the ground mentioned in the above Para- 11.1 shall be
unblocked automatically in receipt of revocation order of cancellation/ suspension/ blacklisting
from the concerned authority.
14.3 The Officer Inviting Tender shall make due inquiry and issue show cause notice to the
concerned contractor who in turn shall furnish his reply, if any, within a fortnight from the date
of issue of show cause notice. Thereafter the Officer Inviting Tender is required to issue an
intimation to the defaulting bidder about his unsatisfactory reply and recommend to the Chief
Manager (Tech) for blocking of portal registration within 10 days of intimation to the defaulting
bidder regarding his unsatisfactory reply with intimation to the Registering Authority and
concerned Chief Engineer/ Heads of Office if any of the following provisions are violated.
14.4 Fails to furnish original Technical Documents before the designated officer within the stipulated
date and time.
14.5 Backs out from the bid on any day after the last date of receipt of tender till expiry of the bid
validity period (including till the extended bid validity period)
14.7 If any of the information furnished by the bidder is found to be false/ fabricated/ bogus.
14.8 Accordingly, the officer Inviting Tender shall recommend to the Chief Manager (Tech) State
Procurement Cell, Odisha for blocking of portal registration of bidder and simultaneously action
shall also be initiated by OFFICER INVITING TENDER for blacklisting as per Appendix-
XXXIV of OPWD code Volume-II.
14.9 The minimum period of blocking of Portal Registration shall in no case be less than 180 days.
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ANNEXURE-II to ITB
1.1 INTRODUCTION
Evaluation Criteria contains the broad criteria based on which the applicants shall be evaluated.
Technical Bid will be evaluated based on financial standing, technical and organizational capability,
experience and track record of the bidder. The bidder is required to submit all the necessary details
including certificates from the client agencies in support of their qualification information.
Maximum
Sl. No Attributes Evaluation
Marks
(ii) Liquid Asset as per clause-4.4 B 5 marks 60% marks for minimum eligibility
(c) of the BID DATA SHEET criteria. 100% marks for twice the
minimum eligibility criteria or more;
in between (i) & (ii) – on pro-rata
basis.
Drawings: 5 Marks
(c) DBR 15 Marks
Specification of Works: 3 Marks
Design Basis Report should be as per Work Programme: 3 Marks
Section – 8 and Annexure-III to ITB Approach & Methodology: 4 Marks
Refer clause 4.2 (e) of ITB The below mentioned CVs are to be
submitted by the bidder in their
technical proposal for evaluation. The
need of adequate technical staff to
execute the works is to be assessed by
the budder and deployed as per
requirement
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Maximum
Sl. No Attributes Evaluation
Marks
4 Qualification:
i. Project Manager– 1 No
Min. Graduation in Civil Engineering
– 2 Marks
Experience in Similar Project
Construction / Supervisions
5-10 years– 1 Mark
More than 10 years - 2 Mark
3 Qualification:
ii. Sr. Highway Engineer – 1 Nos
Min. Graduation in Civil Engineering
– 2 Marks
Experience in Similar Project
Construction / Supervisions
5-10 years– 0.50 Mark
More than 10 years - 1 Mark
Structural Engineer – 1 No 3 Qualification
iii.
Min. Graduation in Civil
Engineering: 2 Marks
Experience in Structural Design /
Supervision:
5- 10 years– 0.50 Mark
More than 10 years - 1 Mark
Bridge Engineer-1No 3 Qualification
iv.
Min. Graduation in Civil
Engineering: 2 Marks
Experience in Highway Engineering /
Supervision:
5- 10 years– 0.50 Mark
More than 10 years - 1 Mark
Surveyor - 1 No. 3 Qualification
v.
Min. Graduation in Civil
Engineering: 2 Marks
Experience in similar nature of works
5- 10 years– 0.50 Mark
More than 10 years - 1 Mark
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Maximum
Sl. No Attributes Evaluation
Marks
Quantity Surveyor - 1 No. 1 Qualification
vi
Min. Graduation in Civil
Engineering: 0.50 Marks
Experience in similar nature of works
5- 10 years– 0.50 Mark
Notes: - The Key Personnels mentioned above in Personnel and Establishment head are
minimumm requirements for obtaining the marks for evaluation, however more nos. of key
personnelsmay be engaged as per requirement for execution of the projects.
e) Plant & Equipment (20 Marks)
Refer clause 4.4 B (a) of ITB
The bidders qualifying the initial criteria as set out will be evaluated for following criteria by scoring
method based on details furnished by them.
a Financial Strength 25
c DBR 15
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1.2.1 The bidders who qualify as per Clause 1 above, securing minimum 60% marks in each category with
overall minimum of 70 marks out of 100 only will be asked to make a technical presentation
regarding the contents of Cover-III (DBR), before a committee on the scheduled date and time (to be
intimated to the qualified bidders by post / E-mail).
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1.3 CRITERIA FOR EVALUATION OF THE BIDDER FOR TECHNICAL PRESENTATION
The presentation will be inclusive of Questions and Answer session. The bidder will be required to
give presentations on similar nature of works completed by the Agency, capacity building and
success stories with respect to technology and timely completion.
Marks
Planning: Overall Planning should take into consideration the
40
Following
a. Bidder’s understanding of the Concept plan apart from
the DBR provided in the RFP.
1 b. Innovation in Preliminary detailing of the entire
project and site plan
c. Use of new Technology
d. Use of different types of material
3 Success Stories 20
1.3.1 The Bidder shall score minimum 60% marks in each category of the above table and 70% in total to
qualify for financial proposal opening.
1.3.2 Evaluation of the bid will be based on qualification of bidder in the criteria as mentioned in Sl.1.2 and
1.3 above, taken together.
1.3.3 The results of evaluation of technical bid and technical presentation shall be published in the e-
Procurement portal.
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ANNEXURE-III TO ITB
DESIGN BASIS REPORT (DBR)
The Bidder shall furnish the Design Basis Report (DBR) in Cover-III for the as indicated in this Annexure.
The intent of this DBR is to present the salient features of technical considerations and scope of work
envisaged by the bidder for the project, based on which the bidder has made its financial offer. The bidder
shall make sure that the DBR should cover sections on Architectural, civil, structural, electrical, public health
engineerings and landscaping aspects. The individual report shall contain, but not limited to, the following:
Drawings:
iii Sections & Elevation of the building, master plan with key elements and levels
Design Approach:
iii Material details and makes proposed for different architectural, structural and non-structural members,
electrical, ELV items, PHE, and all other systems
Work Programme:
Quality Plan:
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BID DATA SHEET
A. GENERAL INSTRUCTIONS
Address:
Vikash Bhavan, Nayapalli, Bhubaneswar-751012
Phone No. 0674-239-4093/6309/0043
Fax: 0674-2396326
Email: md@obcc.in
Official website: https://tendersodisha.gov.in
2 Source of Funds The expenditure on this project shall be met from State Sector Scheme,
Government of Odisha.
3.1 Eligible Bidders Only Reputed Indian firms [It is meant for the Indian Firm having
reputation in the specific area of operation for which tender is being
invited] are allowed to apply for this Project.
Class of Contractor:
4.2 (b) Qualification of the Financial Construction Turnover from Civil Construction Works shall
Bidder only be considered, as mentioned in Cl. 4.4. A (a) of Bid Data
4.2 (c) Qualification of the Experience of successful completion of works / substantial completion
Bidder of works (90% of the value of the contract to be considered as
substantial completion) as referred in Bid Data Sheet Cl. 4.4.A(b)
Similar Works shall mean Experience in Successful
completion / substantial completion of construction of major H.L
bridge/ Flyovers/ ROBs having span of minimum length of 30m or
more
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(90% of the value of the contract to be considered as substantial
completion)
The bidder must furnish the list of such works in the proforma stated in
Cl. 1.3.1. in Section 2 (Qualification Information).
4.2 (j) Sub-Contracting Subcontracting components of the works shall be limited to 30% of the
Contract Price. Maximum number of Sub-Contractors allowed is TWO.
4.2 (k) Methodology and Bidder shall provide these details in the Cover - III as mentioned in
Program Cl.12.1 of this Section-I.
4.3 Bids from Joint Bids from Joint ventures / Consortiums / Association of Parties are not
ventures acceptable.
4.4. A (a) Minimum Annual i. Shall have an annual minimum turnover of Rs 109.00 Crores in
Financial Civil Construction works certified by chartered accountant
Construction during any year in the last five financial years ending
Turnover 31.03.2024. {Please note that stand-alone financial figures of
the Applicant only shall be considered for evaluation}
Financial turnover of previous financial years shall be given
weightage of 10% (ten percent) per year based on rupee value
to bring them to the price level up to the year of bid invitation.4
ii. The Firm should demonstrate making profit during any three
financial years, in the last five financial years ending on
31.03.2024.
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4.4. A (b) Experience in Experience of successful completion of Work:
similar project*
works (a) Satisfying the following criteria for Similar Works5 during last
5 years prior to the bid invitation date. Cost of completed
works of previous financial years shall be given weightage of
10% (ten percent) per year based on rupee value to bring them
to the price level up to the year of bid invitation.6
4.4 A (d) Construction, Bidder shall provide these details in the Cover - III as mentioned in
Planning and Cl.12.1 of this Section-I.
Methodology
5 Similar Works shall mean Experience in Successful completion / substantial completion of construction of major
H.L bridge/ Flyovers/ ROBs having span of minimum length 30m or more.
6
Bid invitation year 2024-25, Updation Factors:
Year Before Updation factor
One 1.10
Two 1.21
Three 1.33
Four 1.46
Five 1.61
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Concrete Batch Mix Plant 75cum/hour - 1 No.
4.4B. (a) Equipment
Crawler mounted crane – 2 Nos.
Gantry Crane 80 tonne – 1 No.
Beam Launcher -1No
Static Concrete Pump -2 Nos
Transit Mixer 4.5cum/hour – 5 nos
B. BIDDING DOCUMENTS
10.2 Amendment of
Any addendum / corrigendum/ cancellation of tender shall be
published in the website https://tendersodisha.gov.in only and
Bidding Documents
such notice shall form part of the bidding documents.
10.3 Amendment of
Employer shall extend as necessary the deadline for submission of
bids by a suitable time period
Bidding Documents
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10.4 Amendment of Addendum/ corrigendum shall also be available in the Official website.
Bidding Documents
C. PREPARATION OF BIDS
12.1 Documents In addition to online submission of Cover-I and Cover-II, the bidder
Comprising the Bid shall also submit online and offline the soft copies (pdf format) of
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Cover III & Cover IV.
The bidder shall furnish the Design Basis Report (DBR) in Cover-III,
as per the details provided at Annexure III to ITB, at the end of this
Section-I.
13.2 Bid Price Replace the contents of the Clause with the following.
The bidder shall fill the total bid price in figures online as Lump Sum
Price.
The total bid price shall be excluding GST on Works Contract. GST on
Works Contract shall be paid by the Employer extra as applicable.
15.1 Bid Validity Bids shall remain valid for a period of 120 days after the due date for
bid submission
The Bidder shall furnish, as part of his Bid, a Bid security as Earnest
Money deposit (EMD) for an amount of Rs.2,17,03,000/- (Two
Crore Seventeen Lakh Three thousand) only for this particular work in
shape of irrevocable Bank Guarantee from any Nationalized Bank/
Schedule Bank having Branch at Bhubaneswar.
18 Format and Signing Deleted as submission of bids is through online using DSC
of Bid
D. SUBMISSION OF BIDS
19 Sealing and Marking In addition to online submission of Cover-I and Cover-II, the bidder
of Bids shall also submit online the soft copies (pdf format) of the documents to
be furnished in Cover –III & Cover-IV.
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furnished in Cover –III & Cover-IV shall be submitted to the Employer
in sealed covers, either by post / courier or in person by the date and
time mentioned in this section
20.1 Bid Submission In addition to online submission of Cover-I and Cover-II, the bidder
shall also submit online the soft copies (pdf format) of the documents to
be furnished in Cover –III.
For Cover-III &IV (hard copy), the time and date of offline submission
is on or before 5:00 PM of 21.09.2024 in the office of the Employer.
The sealed covers (Cover-III & Cover-IV) sent through post / courier
/in person, must physically reach the Employer by the stipulated date
and time. The Employer shall bear no liability for any delay or loss or
damage of the above documents during transit and in such event the bid
shall stand rejected summarily and no request in any form from any
Bidder shall be entertained on this ground.
23.1 Bid Opening All the bids received shall be opened in the Office of the Managing
Director, Odisha Bridge & Construction Corporation Ltd,
Vikash Bhawan, Nayapalli, Bhubaneswar-751012 on 18.09.2024 at
12.30 pm.
26.1 (b) Bid Security and Bid Read the Sub-Clause as:
Processing Fee
(b) Is accompanied by the required bid processing fee & Bid Security
Fee / EMD;
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(Negotiation) (e) The “Financial Bids” of the responsive bidders shall be opened
online. During detail evaluation of the “Financial Bid” of the
lowest evaluated bidder, the responsiveness of the bid will be
further examined and if required, the bidder shall be asked to
clarify its offer through further negotiation.
F. AWARD OF CONTRACT
The Project Completion Schedule must contain the Project Mile Stones
mentioned in Cl. 45.1 of Contract Data.
32.1 Performance The Bidder shall furnish, Performance Security for this particular work
in the form of e-Bank Guarantee from any Public Sector Bank of
Security India, Payable by its branch at Bhubaneswar in favor of the EIC
cum Managing Director, OB & CC Ltd, Payable at Bhubaneswar.
List of Banks
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and Security
The Employer shall make advance payment to the Contractor of the
amounts stated in the Contract Data by the date stated in the Contract
Data, against provision by the Contractor of an Unconditional Bank
Guarantee in a form and by a Bank acceptable to the Employer in
amounts and currencies equal to 110 (hundred ten) % the advance
payment.
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SECTION 2
FORMS OF BID
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TABLE OF FORMS:
1. CONTRACTOR’S BID
2. QUALIFICATION INFORMATION
3. BANK CERTIFICATE
4. AFFIDAVIT
5. CERTIFICATE OF NO RELATIONSHIP
7. CV FORMAT
8. LETTER OF ACCEPTANCE
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1. CONTRACTOR'S BID
[This is a mandatory form to be submitted by the bidder on their letterhead, failing which the bid is liable for rejection]
Gentlemen,
Having examined the bidding documents including addendum/ corrigendum, I / we offer to execute the Works described
above in accordance with the conditions of contract, specifications, accepted tendered drawing, and Payment schedule
accompanying this Bid for the Contract Price as tendered in our price bid document separately.
This Bid and your written acceptance of it shall constitute a binding contract between us. We understand that you are not
bound to accept the lowest or any Bid you receive.
We undertake that, in competing for (and if the award is made to us, in executing) the above contract, we will strictly
observe the laws against fraud and corruption in force in India namely “Prevention of Corruption Act 1988”.
We hereby confirm that this Bid complies with the Bid Validity and Bid Security required by the Bidding documents.
Yours faithfully,
Authorized Signature:
Name & Title of Signatory:
Name of Bidder :
Address:
Email-id:
Contact No:
Stamp:
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2. QUALIFICATION INFORMATION
[This is a mandatory form to be submitted by the bidder on their letterhead, failing which the bid is liable for rejection]
The information to be filled in by the Bidder in the following pages will be used for purposes of qualification as
provided for in Clause 4 of the Instructions to Bidders. This information will not be incorporated in the Contract.
1.1 Constitution or legal status of Bidder as per ITB Clause 4.2 (a)
[Attach copy]
Place of registration:
1.3.1 Work performed as prime contractor (in the same name) on project works over the last five financial years. **
Project Name Description Contract Value of Date of Stipulated Actual date Remarks
Name@ of the of work No. contract (In issue of period of of explaining
Employer* Rs. Crores) work completion completion* reasons for
order delay and
work
completed
(1) (2) (3) (4) (5) (6) (7) (8) (9)
@The item of work for which data is requested should tally with that specified in ITB clause 4.2(c) read with Bid Data
Sheet.
1.4 Information on Bid Capacity (works for which bids have been submitted and works which are yet to be
completed) as on the date of this bid.
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(B) Works for which bids already submitted:
Description Place & State Name and Estimated value Stipulated Date when Remarks if
of Work Address of of works (In Rs period of decision is any
Employer Crores) completion expected.
(1) (2) (3) (4) (5) (6) (7)
1.5 The following items of Contractor's Equipment are essential for carrying out the Works. The Bidder should list all
the information requested below. Refer also to Sub Clause 4.2(d) read with 4.4 (B) of the Instructions to Bidders.
1.6 Qualifications and experience of key personnel proposed for administration and execution of the Contract.
Attach biographical data. Refer also to 4.2(e) read with annexure of instructions to Bidders and Sub Clause 9.1 of
the Conditions of Contract.
Project Manager
etc.
1.7 Proposed subcontracts and firms involved. [Refer ITB Clause 4.2 (j)]
1.8 Financial reports for the last five financial years: balance sheets, profit and loss statements, auditors' reports (in
case of companies/corporation), etc. List them below and attach copies. [Refer ITB Clause 4.2 (f)]
1.9 Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of credit, etc.
List them below and attach copies of support documents [sample format attached]. [Refer ITB Clause 4.2 (g)]
1.10. Name, address, and telephone, telex, and fax numbers of the Bidders' Bankers who may provide references if
contacted by the Employer. [Refer ITB Clause 4.2 (h)]
1.11 Information on litigation, arbitration, debarment, termination, notice for recession of contract, abandonment of
work history in which the Bidder is involved. [Refer ITB Clause 4.2 (i)]
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Employer Name and Contact Description of Work Agreement No. Status & matter of dispute and/or issues
1.12 Statement of compliance under the requirements of Sub Clause 3.2 of the instructions to Bidders.
1.13 The Bidder MUST SUBMIT THE DRAWINGS, DESIGN BRIEF REPORT, WORK PROGRAMME &
QUALITY PLAN IN COVER-III as necessary for the works [As per the provisions of ITB Clause 4.1, 4.2 (k)
and 4.4 A (d].
1.14 The Bidder shall furnish the Bid Security in shape of Bank Guarantee & Non-refundable Bid Processing Fee in shape of
Demand Draft (as mentioned in Clause 16.1) in Cover-IV:
Authorized Signature:
Name & Title of Signatory:
Name of Bidder :
Stamp:
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3. BANK CERTIFICATE
[To be issued by bidder’s bank on bank’s letterhead and submitted by the bidder]
This is to certify that M/s ............................................... is a reputed company with a good financial standing.
If the contract for the work, namely “[insert name of the work]” on turn-key basis involving design and
execution of works is awarded to the above firm, we shall be able to provide overdraft/cash credit facilities to
the extent of Rs. …………………… to meet their working capital requirements for executing the above
contract.
Name of Bank:
Name of Senior Bank Manager:
Address of the Bank:
e-mail id:
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4. AFFIDAVIT
[To be submitted by the bidder in a non-judicial stamp paper duly signed by the Notary Public]
1. I, the undersigned, do hereby certify that all the statements made in the required attachments are true and
correct.
2. The undersigned also hereby certifies that neither our firm M/s….………………
… ................................................. have abandoned any work on building in India nor any contract awarded
to us by the State of Odisha for such works have been rescinded, during last five years prior to the date of
this bid.
3. The undersigned hereby authorize(s) and request(s) any bank, person, firm or corporation to furnish
pertinent information deemed necessary and requested by the Department to verify this statement or
regarding my (our) competence and general reputation.
4. The undersigned understand and agrees that further qualifying information may be requested and agrees to
furnish any such information at the request of the Department/ project implementing agency.
Authorized Signature:
Name & Title of Signatory:
Name of Bidder :
Stamp:
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5. CERTIFICATE OF NO RELATIONSHIP
I/We hereby certify that I/We* am/are* related/not related(*) to any officer of OBCC and P.W.D of the rank of
Assistant Executive Engineer & above and any officer of the rank of Under Secretary and above of the Works
Department, Govt. of Orissa I/We* am/are* aware that, if the facts subsequently proved to be false, my/our* contract
will be rescinded with forfeiture of E.M.D and security deposit and I/We* shall be liable to make good the loss or
damage resulting from such cancellation.
I//We also note that, non-submission of this certificate will render my / our tender liable for rejection.
Authorized Signature:
Name & Title of Signatory:
Name of Bidder :
Stamp:
Date: -
Please Note - The contractor shall furnish a certificate along with the tender to the effect that he is not related to any
officer in the rank of an Assistant Executive Engineer & above in OBCC or the state P.W.D. or Under Secretary &
above in the Works Department. If the fact subsequently proved to be false, the contract is liable to be rescinded. The
earnest money & the total security will be forfeited & he shall be liable to make good the loss or damages resulting for
such cancellations. The proforma for no relationship certificate is given above.
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6. INFORMATION REGARDING ANY CONFLICTING ACTIVITIES AND DECLARATION
THEREOF
Are there any activities carried out by your firm / company? If yes, please furnish
details of any such activities.
I, hereby declare that our Programme Management Consultant as Individual is not indulged in any
such activities which can be termed as the conflicting activities.
I, also acknowledge that in case of misrepresentation of any of the information, our proposal /
contract shall be rejected / terminated by the Client which shall be binding on us.
Conflicting activities means- The existence of any potential conflict of interest on the part of the
bidder due to prior, current, or proposed agreements, engagements, or affiliations with the Client.
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7. CV FORMAT
Position Title
Name of Expert:
Total Years of Relevant years of Education Name of the Project with duration and activities
Experience Experience Qualification with performed relevant to the Assignment.
Name of the Name of Duration Brief
Institution and project (From DD-MM- description of
year of passing YY to DD-MM- project and
YY) nature of
responsibility
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8. LETTER OF ACCEPTANCE
[To be issued to successful bidder on Letterhead of OBCC]
[date]
Dear Sir(s)
This is to notify you that your Bid dated for execution of the work “[ insert name of the work ]” on turn
key basis involving design and execution of works [Name of the contract and
identification number, as given in the Instructions to Bidders] for the Contract Price of Rupees
( ) [amount in words and figures], as corrected and
1 1
modified in accordance with the Instructions to Bidders is hereby accepted by our Agency.
We note that as per bid, you do not intend to subcontract any component of work.
(Or)
We note that as per bid, you propose to employ as sub-contractor for executing
You are requested to furnish the detailed Work Program and milestone wise activity as per Para 31.3 of ITB to complete
the contract negotiation within 14 days of this Letter of Award. Further, you are hereby requested to furnish
Performance Security in the form detailed in Para 32.1 of ITB for an amount of Rs ..................... within 21 days of the
receipt of this Letter of Acceptance and sign the contract failing which action as stated in Para 31.5 and Para 32.3 of ITB
will be taken.
Yours faithfully,
Authorized Signature
Name and Title of Signatory
Name of Agency
1
Delete "corrected and" or "and modified" if only one of these actions applies. Delete "as corrected and modified in
accordance with the Instructions to Bidders" if corrections or modifications have not been effected.
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9. NOTICE TO PROCEED WITH THE WORK
[To be issued on Letterhead of OBCC]
————— (date)
To
——————————————
——————————————
Dear Sirs:
Pursuant to your furnishing the requisite security as stipulated in ITB clause 32.1 and signing of the contract agreement
for the work “[ insert name of the work]” on turnkey basis involving design and execution of works @ a Bid Price of
Rs. , you are hereby instructed to proceed with the execution of the said works in accordance with
the contract documents.
Yours faithfully,
Authorized Signature
Name and Title of Signatory
Name of Agency
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10. AGREEMENT FORM
[To be executed on stamp paper of appropriate value]
Agreement
Whereas the Employer is desirous that the Contractor “[ insert name of the work], [name and identification number of
Contract] (hereinafter called “the Works”) and the Employer has accepted the Bid by the Contractor for the execution
and completion of such Works and the remedying of any defects therein, at a contract price of Rs...........................
In witness whereof the parties thereto have caused this Agreement to be executed the day and year first before written.
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SECTION 3:
CONDITIONS OF CONTRACT
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Conditions of Contract
Table of Contents
Page 62 of 172
CONDITIONS OF CONTRACT
A. GENERAL
1. Definitions
1.1. Terms which are defined in the Contract Data and not defined in the Conditions of Contract
shall keep their defined meanings. Capital initials are used to identify defined terms.
1.1.1 Bill of Quantities means the priced and completed Bill of Quantities.
1.1.3 The Completion Date is the date of completion of the Works as certified by the Engineer in
accordance with clause 50.
1.1.4 The Contract is the contract between the Employer and the Contractor to execute, complete and
maintain the Works. It consists of the documents listed in Clause 2.3 below.
1.1.5 The Contract Data defines the documents and other information which comprise the
Contract.
1.1.6 The Contractor is a person or corporate body whose Bid to carry out the Works has been
accepted by the Employer [obligations of the Contractor mentioned in the Contract Data].
1.1.7 The Contractor's Bid is the completed Bidding document submitted by the Contractor to the
Employer and includes Technical and Financial bids.
1.1.8 The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in
accordance with the provisions of the Contract.
1.1.10 A Defect is any part of the Works not completed in accordance with the Contract.
1.1.11 The Defects Liability Period is the period named in the Contract Data and calculated from the
Completion Date.
1.1.12 The Employer is the party who will employ the Contractor to carry out the Works; [As mentioned
in the Contract Data].
1.1.13 The Engineer is the person named in the Contract Data (or any other competent person
appointed and notified to the contractor to act in replacement of the Engineer) who is
responsible for supervising the Contractor’s work, administering the Contract, certifying
payments due to the Contractor, issuing and valuing Variations to the Contract, recommending
extensions of time, and valuing the Compensation Events.
1.1.14 Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to
construct the Works.
1.1.15 Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.
1.1.16 Intended Completion Date is the date on which it is intended that the Contractor shall
complete the Works. The Intended Completion Date is specified in the Contract Data. The
Intended Completion Date may be revised only by the Employer by issuing an extension of time.
1.1.17 Materials are all supplies, including consumables, used by the contractor for incorporation in
the Works.
1.1.18 Plant is any integral part of the Works, which is to have a mechanical, electrical, electronic or
chemical or biological function.
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1.1.19 The Site is the area defined as such in the Contract Data.
1.1.20 Site Investigation Reports are those which were included in the Bidding documents and are
factual interpretative reports about the surface and sub-surface conditions at the site.
1.1.21 Specification means the Specification of the works included in the Contract and any
modification or addition made or approved by the Employer.
1.1.22 The Start Date / Date of Commencement is given in. the Contract Data. It is the date when
the Contractor shall commence execution of the works. It does not necessarily coincide with
any of the Site Possession Dates.
1.1.23 A Subcontractor is a person or corporate body who has a Contract with the Contractor to carry
out a part of the work in the Contract, which includes work on the Site.
1.1.24 Temporary Works are works designed, constructed, installed, and removed by the Contractor,
which are needed for construction or installation of the Works.
1.1.25 A Variation or Change in Scope is an instruction given by the Employer, which varies and
changes the scope of Works.
1.1.26 Works are what the Contract requires the Contractor to construct, install, and turn over to the
Employer, as defined in the Contract Data.
1.1.28 “Approved Make” means makes of items as specified in the “List of Approved Makes/Approved
Manufacturers” in Section 8 of this RFP. However, a higher or equivalent make can be utilized
after obtaining prior approval of “Engineer-In-Charge” in writing.
2. Interpretation
2.1. In interpreting the Conditions of Contract, singular also means plural, male also means female
or neuter, and the other way around. Headings have no significance. Words have their general
meaning under the language of the Contract unless specifically defined. The Employer will
provide instructions clarifying queries about the Conditions of Contract.
2.2 If sectional completion is specified in the Contract Data, references in the Conditions of
Contract to the Works, the Completion Date, and the Intended Completion Date apply to any
Section of the Works (other than references to the Completion Date and Intended Completion
date for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in the following order of priority:
(a) Agreement
(b) Letter of Acceptance, notice to proceed with the works.
(c) Contractor's Bid
(d) Contract Data
(e) Conditions of Contract including Special Conditions of Contract
(f) Specifications
(g) Drawings
(h) Bill of quantities (optional) and
(i) Any other document listed in the Contract Data as forming part of the Contract.
3. Languages and Law
The language of the Contract and the law governing the Contract are stated in the Contract
Data.
4. Engineer's Decisions:
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Except where otherwise specifically stated, the Engineer will decide contractual matters
between the Employer and the Contractor in the role representing the Employer as per the
provision of the contract.
5. Delegation:
The Engineer may delegate any of his duties and responsibilities to other people after notifying
the Contractor and may cancel any delegation after notifying the Contractor.
6. Communications:
Communications between parties which are referred to in the conditions are effective only
when in writing. A notice shall be effective only when it is delivered (in terms of Indian Contract
Act).
7. Sub-contracting:
The Contractor may sub-contract any portion of work, up to a limit specified in Contract Data,
with the approval of the Engineer but may not assign the Contract without the approval of the
Employer in writing. Sub-contracting does not alter the Contractor's obligations.
8. Other Contractors:
The Contractor shall cooperate and share the Site with other contractors, public authorities,
utilities, and the Employer between the dates given in the Schedule of other Contractors. The
Contractor shall, as refer to in the Contract Data, also provide facilities and services for them
as described in the Schedule. The employer may modify the schedule of other contractors
and shall notify the contractor of any such modification.
9. Personnel:
9.1. The Contractor shall employ the key personnel named in the Schedule of Key Personnel as
referred to in the Contract Data besides those as listed at section-8 and Section-9 to carry
out the functions stated in the Schedule or other personnel approved by the Engineer. The
Engineer will approve any proposed replacement of key personnel only if their qualifications,
abilities, and relevant experience are substantially equal to or better than those of the personnel
listed in the Schedule.
9.2. If the Engineer asks the Contractor to remove a person who is a member of the Contractor's
staff or his work force stating the reasons the Contractor shall ensure that the person leaves the
Site within seven days and has no further connection with the work in the Contract.
The Employer carries the risks which this Contract states are Employer's risks, and the
Contractor carries the risks which this Contract states are Contractor's risks.
The Employer is responsible for the excepted risks which are in so far as they directly affect
the execution of the Works in India, the risks of war, hostilities, invasion, act of foreign enemies,
rebellion, revolution, insurrection or military or usurped power, civil war, riot commotion or
disorder (unless restricted to the Contractor's employees), and contamination from any nuclear
fuel or nuclear waste or radioactive toxic explosive.
All risks of loss of or damage to physical property and of personal injury and death which arise
during and in consequence of the performance of the Contract other than the excepted risks are
the responsibility of the Contractor.
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13. Insurance:
13.1 The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance
cover for the period as stated below against the events and in the amounts and deductibles
stated in the Contract Data for the following events, which are due to the Contractor's risks:
A) From the starting date to the end of defect liability period:
(a) Loss of or damage to the works
B) From the start date till completion of the work as per agreement:
(a) Loss of or damage to plant, materials and equipment,
(b) Loss of or damage of property (except the works, plant, materials and equipment) in
connection with the contract, and
(c) Personal injury or death.
13.2 If all the items as listed at Cl.13.1(B) can be combined / grouped under one insurance cover like
Contractor’s, All Risks (CAR) Policy covering all-natural calamities as per local conditions.
13.3 Prior to seven days before the start date, the Contractor shall furnish to the Engineer notarized true
copies of the certificates of insurance, copies of insurance polices and premia payment receipts in
respect of such insurance for the Employer’s approval. All such insurance shall provide for
compensation to be payable in the types and proportions of currencies required to rectify the loss
or damage incurred.
13.4 If the contractor does not provide any of the policies and certificates required, the Employer may
affect the insurance which the contractor should have provided and recover the premiums the
Employer has paid from payments otherwise due to the contractor or, if no payment is due, the
payment of the premiums shall be a debt due.
13.5 Alterations to the terms of insurance shall not be made without the approval of the Employer.
13.6 Both parties shall comply with any conditions of the insurance policies.
14.1 The Contractor, in preparing the Bid, may rely on any site Investigation Reports referred to in
the Contract Data, which are indicative and not exhaustive. The Employer shall provide all
available details to the Contractor (Bidder) for his information, if requested by him at least one
week prior to the bid submission date. The bidder shall be responsible for interpreting all such
data. After award of work, the Contractor shall carry out detail survey and investigation for
preparation of detail designs as per the scope of work and time period stipulated at Section-8.
To the extent which was practicable (taking account of cost and time), the Contractor (Bidder)
shall be deemed to have obtained all necessary information as to risks, contingencies and other
circumstances which may influence or affect the Tender or Works. To the same extent, the
Contractor (Bidder) shall be deemed to have inspected and examined the Site, its surroundings,
the above data and other available information, and to have been satisfied before submitting the
Tender as to all relevant matters, including (without limitation):
(a) the form and nature of the Site, including sub-surface conditions,
(b) the climatic conditions,
(c) the extent and nature of the work and Goods necessary for the execution and completion
of the Works and the remedying of any defects,
(d) the Laws, procedures and labour practices of the Country, and
(e) the Contractor’s requirements for access, accommodation, facilities, personnel, power,
transport, water and other services.
(f) availability of required materials
15. Queries about the Contract Data:
15.1 The Employer will clarify queries on the Contract Data if any during the Pre-bid references.
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16.1 The Contractor shall construct and install the Works in accordance with the approved
specification and drawings. All designs, drawings, and specifications to be furnished by the
contractor shall be approved by the Employer before execution in accordance with Cl. 18.
The Contractor may commence execution of the Works on the Start Date and shall carry out the
Works in accordance with the programme submitted by the Contractor, as updated with the
approval of the Engineer, and complete them by the Intended Completion Date.
18.2 The Contractor shall be responsible for the design of Temporary Works.
18.3 The Engineer's approval shall not alter the Contractor's responsibility for design of the
Temporary Works.
18.4 The Contractor shall obtain approval to the design, drawings, and specifications of all components of
the building and all allied infrastructure works, except those for the temporary works as stated at Cl.
18.1, from any National Institute of Repute / State Govt. Engineering College of repute in Odisha at
its own cost. Such approved documents need to be furnished to the Employer within the stipulated
date as mentioned in the contract data and at Section-8
18.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent
Works, are subject to prior approval by the Employer / Engineer before their use.
19. Safety:
19.1 The Contractor shall be responsible for the safety of all activities on the Site.
20. Discoveries:
20.1 Anything of historical or other interest or of significant value unexpectedly discovered on the
Site is the property of the Employer. The Contractor is to notify the Engineer of such
discoveries and carry out the Engineer's instructions for dealing with them.
21.1 The Employer shall give possession of all parts of the Site to the Contractor. If possession of a
part is not given by the date stated in the Contract Data, the Employer is deemed to have
delayed the start of the relevant activities and this will be Compensation Event.
22.1 The Contractor shall allow the Employer and any person authorized by the Employer access to
the Site, to any place where work in connection with the Contract is being carried out or is
intended to be carried out and to any place where materials or plant are being manufactured /
fabricated / assembled for the works.
23. Instructions:
23.1 The Contractor shall carry out all instructions of the Engineer pertaining to works, which
comply with the applicable laws where the Site is located.
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23.2 The Contractor shall permit the Employer to inspect the Contractor's accounts and records
relating to the performance of the Contractor and to have them audited by auditors appointed by
the Employer, if so, required by the Employer.
24. Disputes:
That for the purpose of jurisdiction in the event of disputes if any of the Contract would be deemed
to have been entered in to within the State of Odisha and it is agreed that neither party to the
Contract will be competent to bring a suit in regard to the matter by this Contract at any place
outside the State of Odisha.
25. Deleted.
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B. TIME CONTROL
27. Programme:
27.1 Within 14 days of issue of letter of award, the successful bidder shall submit to the
Employer detail work programme for approval showing the general methods, arrangements,
order and timing for all the activities in the Works along with monthly cash flow forecast. The
agreed work programme / milestones during such contract negotiation shall form part of the
agreement.
27.2 An update of the Programme shall be a programme showing the actual progress achieved on
each activity and the effect of the progress achieved on the timing of the remaining work,
including any changes to the sequence of the activities.
27.3 The contractor shall submit to the Employer, for approval, an updated Programme at
intervals no longer than the period stated in the Contract Data. If the Contractor does not
submit an updated Programme within this period, the Engineer may withhold the amount
stated in the Contract Data from the next payment certificate and continue to withhold this
amount until the next payment after the date on which the overdue programme has been
submitted.
27.4 The Employer's approval of the Programme shall not alter the Contractor's obligations. The
Contractor may revise the Programme and submit it to the Employer again at any time. A
revised Programme is to show the effect of Variations and Compensation Events.
27.5 Contractor has to facilitate themselves to update the project reporting in client PMIS portal.
28.1 The Employer shall extend the Intended Completion Date if a Compensation Event occurs or
a Variation is issued which makes it impossible for Completion to be achieved by the
intended Completion Date without the Contractor taking steps to accelerate the remaining
work and which would cause the Contractor to incur additional cost.
28.2. The Employer shall decide whether and by how much to extend the Intended Completion
Date within 35 days of the Contractor asking the Engineer for a decision upon the effect of a
Compensation Event or Variation and submitting full supporting information. If the
Contractor has failed to give early warning of a delay or has failed to cooperate in dealing
with a delay, the delay by this failure shall not be considered in assessing the new Intended
Completion Date.
28.3. The Engineer shall, within 14 days of receiving full justification from the contractor for
extension of Intended Completion Date refer to the Employer his recommendation. The
Employer shall in not more than 21 days communicate to the Engineer the Employer's
decision.
The Engineer may instruct the Contractor to delay the start or progress of any activity within the
Works.
30.1 Either the Engineer or the Contractor may require the other to attend a management meeting. The
business of a management meeting shall be to review the plans for remaining work and to deal
with matters raised in accordance with the early warning procedure.
30.2 The Engineer shall record the business of management meetings and is to provide copies of his
record to those attending the meeting and to the Employer. The responsibility of the parties for
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actions to be taken is to be decided by the Engineer either at the management meeting or after
the management meeting and stated in writing to all who attended the meeting.
31.1 The Contractor is to warn the Engineer at the earliest opportunity of specific likely future
events or circumstances that may adversely affect the work resulting delay in the execution.
The Engineer may require the Contractor to provide an estimate of the expected effect of the
future event or circumstance on the Completion Date.
31.2 The Contractor shall cooperate with the Engineer in making and considering proposals for how
the effect of such an event or circumstance can be avoided or reduced by anyone involved in the
work and in carrying out any resulting instruction of the Engineer.
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C. QUALITY CONTROL
The Engineer shall check the Contractor's work regularly and notify the Contractor of any
Defects that are found. Such checking shall not affect the Contractor's responsibilities. The
Engineer may instruct the Contractor to search for defects and to uncover and test any work
that the Engineer considers may have a Defect.
33. Tests:
If the Engineer instructs the Contractor to carry out a test not specified in the Specification to
check whether any work has a Defect and the test shows that it does, the Contractor shall pay for
the test and any samples. If there is no Defect the test shall be a Compensation Event.
34.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects
Liability Period, which begins at Completion and is defined in the Contract Data. The Defects
Liability Period shall be extended for as long as Defects remain to be corrected.
34.2 Every time notice of a Defect is given; the Contractor shall correct the notified Defect within
the length of time specified by the Engineer's notice.
If the Contractor has not corrected a Defect within the time specified in the Engineer's notice,
the Engineer will assess the cost of having the Defect corrected, and the Contractor will pay
this amount.
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D. COST CONTROL
37.1 The Employer may, require the Contractor to make modifications/alterations to the construction
works before the issue of the completion certificate either by giving an instruction or by
requesting the contractor to submit a proposal for change of scope involving additional cost or
reduction in cost. Any such change of scope shall be made and valued in accordance with the
provisions of this contract and the contractor, in that event, will have no further claim on the
ground that had it been known / disclosed earlier he would have made such charges in other
connected work in their design, construction which would have saved him some cost and given
him other consequential benefits.
(b) omission/ deletion of any item of work from the scope of work
(c) any additional work (such as addition of extra plinth area) which are not included in the
scope of work including any additional test on completion
37.3 In the event of the Employer determining that a change of scope is necessary, it shall issue notice
to the contractor a notice specifying in reasonable detail the works contemplated there under
(“Change in scope notice”)
37.4 Upon receipt of change in scope notice, the contractor shall with due diligence, provide to the
Employer through the Engineer within seven days time such information as is necessary together
with documentation in support of;
(a) the impact, of any, which the change in scope is likely to have on the completion of the work
(b) the options for implementing the proposed change of scope and the effect, if any, each on the
cost and time thereof m including the following details;
i. break down of quantities, unit rates and cost for different items of work
iii. proposed modifications, if any, to the construction period with updated work
programmes (all Variations shall be included in updated programmes
produced by the Contractor).
37.5 Any change in scope shall be calculated on the basis of the following priority:
1. Odisha State CSR
2. CPWD rate
3. MoRTH rate
4. Delhi Schedule Rate
37.6 The total value of all change of scope of work shall not exceed 10% of total contract price for the
construction work.
38.1 The Employer shall assess the change in scope proposal and Contractor’s quotation and
upon reaching an agreement; the Employer shall issue the Change of Scope Order requiring the
contractor to proceed with the performance thereof.
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38.2 If the Contractor's quotation is unreasonable, the Employer may order the Variation and make a
change to the Contract Price which shall be based on Employer’s own forecast of the effects of
the Variation on the Contractor's costs.
38.3 If the Employer decides that the urgency of varying the work would prevent a quotation being
given and considered without delaying the work, no quotation shall be given and the Variation
shall be treated as a Compensation Event, subject to condition that such variation shall not exceed
10% of the total contract price for the contract work.
38.4 The Contractor shall not be entitled to additional payment for costs, which could have been
avoided by giving early warning.
38.5 Deleted
39.1 The Contractor shall submit to the Engineer statements of the value of the work completed.
39.2 The Engineer shall check the Contractor's statement within 14 days and certify the amount to be
paid to the Contractor as per contract payment schedule after taking into account any credit or -
debit for the month in question in respect of materials for the works in the relevant amounts and
under conditions set forth in sub-clause 47.3 of the Contract Data (Secured Advance).
39.4 The value of work executed shall comprise the value of the quantities of the items as per the
milestone and work programme attached to the contract.
39.5 The value of work executed shall include the valuation of Change in Scope (Variation) and
Compensation Events, if any.
39.6 The Engineer may exclude any item certified in a previous certificate or reduce the
proportion of any item previously certified in any certificate in the light of later information.
40. Payments:
Payments shall be adjusted for deductions for retention, other recoveries in terms of the
contract and taxes at source, as applicable under the law. The Engineer shall pay the
Contractor the amounts as per the payment schedule attached to the contract.
41.1.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to a part of the Site by the Site Possession
Date stated in the Contract Data.
(b) Other contractors, public authorities of utilities or the Employer does not work
within the dates and other constraints stated in the Contract, and they cause delay or
extra cost to the Contractor.
41.2 If a Compensation Event would prevent the work being completed before the Intended
Completion Date, the Intended Completion Date shall be extended. The Contractor will react
competently and promptly to the event and shall submit information demonstrating the effect
of the Compensation Event and the required extended time period for completion.
41.3 The Engineer shall examine the information furnished by the Contractor and shall
recommend to the Employer by how much time the Intended Completion Date shall be
extended. The Employer shall decide / sanction the required extension of time due to such
compensation event.
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41.4 The Contractor shall not be entitled to compensation to the extent that the Employer's
interests are adversely affected by the Contractor not having given early warning or not
having cooperated with the Engineer.
42. Tax:
42.1 The rates quoted by the Contractor shall be deemed to be exclusive of the GST and inclusive of
Royalty, Income Tax, Labour CESS and all other statutory taxes that the Contractor will have to pay
for the performance of this Contract. The Employer will perform such duties in regard to the
deduction of such taxes at source as per applicable law.
43. Currencies:
44. Retention:
44.1 The Employer shall retain from each payment due to the Contractor the proportion stated in
the Contract Data until Completion of the whole of the works or settlement of final payment.
44.2 On completion of the whole of the works half the total amount retained is repaid to the
contractor and half when the Defects Liability Period has passed and the Engineer has certified
that all defects notified by the Engineer to the contractor before the end of the period have been
corrected.
45.1 The Contractor shall pay liquidated damages to the Employer at the rate per week stated in the
Contract Data for each week that the Completion Date is later than the Intended Completion
Date (for the whole of the works or the milestone as stated in the contract data). The total
amount of liquidated damages shall not exceed the amount defined in the Contract Data. The
Employer may deduct liquidated damages from payments due to the Contractor. Payment of
liquidated damages shall not relieve the contractor from his / her / their obligation to complete the
works or from any other duties, obligations or responsibilities which he / she / they may have
under the contract.
45.2 If the Intended Completion Date is extended after liquidated damages have been paid, the
Engineer shall correct any overpayment of liquidated damages by the Contractor by adjusting
the next payment certificate.
45.3 If the contractor fails to comply with the time for completion as stipulated in the tender, then
the contractor shall pay to the employer the relevant sum stated in the Contract Data as
Liquidated damages for such default and not as penalty for every week or part of week which
shall elapse between relevant time for completion and the date stated in the taking over certificate
of the whole of the works on the relevant section, subject to the limit stated in the contract
data.
The employer may, without prejudice to any other method of recovery deduct the amount of
such damages from any money due or to become due to the contractor. The payment or
deduction of such damages shall not relieve the contractor from his obligation to complete the
works or from any other of his obligations and liabilities under the contract.
45.4 If, before the Time for Completion of the whole of the Works or, if applicable, any Section, a
Taking - Over Certificate has been issued for any part of the Works or of a Section, the
liquidated damages for delay in completion of the remainder of the Works or of that Section
shall, for any period of delay after the date stated in such Taking-Over Certificate, and in the
absence of alternative provisions in the Contract, be reduced in the proportion which the value of
the part so certified bears to the value of the whole of the Works or Section, as applicable. The
provisions of this Sub-Clause shall only apply to the rate of liquidated damages and shall not
affect the limit thereof.
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46. Bonus Payment:
46.1 The procedure for payment of bonus (incentive) shall be as per the latest amendment to Para 3.5.5 of
OPWD code.
46.2 If the contractor achieves completion of the whole of the works prior to the Intended
Completion Date prescribed in Contract Data the Employer shall pay to the contractor a sum
stated in Contract Data as bonus (incentive) for every completed month which shall elapse
between the date of completion of all items of works as stipulated in the Contract and the time
prescribed in Clause 17.
46.3 For the purpose of calculating bonus payments, the time given in the Bid for completion of the
whole of the works is fixed and unless otherwise agreed, no adjustments of the time by reason of
granting an extension of time pursuant to Clause 28 or any other clause of these conditions will
be allowed. Any period falling short of a complete month shall be ignored for the purpose of
computing the period relevant for the payment of bonus.
47.1 The Engineer shall make advance payment to the Contractor for mobilization and cash flow support
of the amounts stated in the Contract Data by the date stated in the Contract Data, only against
provision by the Contractor of an Unconditional Bank Guarantee in a form and by a Bank acceptable
to the Engineer in amounts and currencies equal to 110% of the advance payment.
47.2 An interest @ 10% per annum shall be charged on the advance payment.
47.3 The Advance Payment shall not be released until the basic design & architectural drawings is
finalized and establishment of camp at work site is completed.
47.4 The guarantee shall remain effective until the advance payment has been repaid, but the amount of
the guarantee shall be progressively reduced by the amounts repaid by the Contractor. The contractor
shall ensure that the Bank Guarantee remains enforceable until the advance payment has been fully
repaid and accordingly renew it, from time to time, until the advance payment has been fully repaid.
47.5 If the terms of guarantee specify its expiry date, and the advance payment has not been re-paid by the
date then 28 days prior to the expiry date, the contractor shall extend the validity of the guarantee
until the advance payment has been fully repaid.
47.6 The advance payment shall be repaid through percentage deductions from the interim payments as
follows:
(b) Deductions shall be made in proportions of the advance payment until such time as the
advance payment has been repaid provided that the advance payment shall be completely
repaid prior to the time when 90 percent of the accepted contract amount has been repaid.
47.7 If the advance payment has not been repaid prior to the issue of the Taking over Certificate for the
work or prior to termination under Section – 3 Clause -54 of (termination by employer), the balance
advance is payable by the contractor to the employer.
48. Securities:
The Performance Security shall be provided to the Employer no later than the date specified in
the Letter of Acceptance and shall be issued in an amount and form and by a bank or surety
acceptable to the Employee and denominated in Indian Rupees. The Performance Security shall
remain valid up to the period as defined in the Contract Data.
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49. Cost of Repairs:
Loss or damage to the Works or Materials to be incorporated in the Works between the Start
Date and the end of the Defects Correction periods shall be remedied by the Contractor at the
Contractor's cost if the loss or damage arises from the Contractor's acts or omissions including
the situation as stipulated at Cl. 12.
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E. FINISHING THE CONTRACT
50. Completion:
50.1 The Contractor shall request the Engineer to issue a Certificate of Completion of the
Works and the Engineer will do so upon deciding that the Work is completed.
51.1 The Employer shall take over the Site and the Works within seven days of the Engineer
issuing a certificate of Completion.
52.1 The Contractor shall supply the Engineer a detailed account of the total amount that the
Contractor considers payable under the Contract before the end of the Defects Liability Period.
The Engineer shall issue a Defect Liability Certificate and certify any final payment that is due
to the Contractor within 56 days of receiving the Contractor's account if it is correct and
complete. If it is not, the Engineer shall issue within 56 days a schedule that states the scope of
the corrections or additions that are necessary. If the Final Account is still unsatisfactory after
it has been resubmitted, the Employer shall decide on the amount payable to the Contractor
and issue a payment certificate, within 56 days of receiving the Contractor's revised account.
53.1 If ''as built" Drawings and/or operating and maintenance manuals are required, the Contractor shall
supply them by the dates stated in the Contract Data.
53.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the
Contract Data, or they do not receive the Employer’s approval, the Engineer shall withhold the
amount stated in the Contract Data from payments due to the Contractor.
54. Termination:
54.1 The Employer may terminate the Contract if the other party causes a fundamental breach of
the Contract.
54.2 Fundamental breaches of Contract include, but shall not be limited to the following:
(a) the Contractor stops work for 28 days when no stoppage of work is shown on the current
Programme and the stoppage has not been authorized by the Engineer;
(b) the Contractor is made bankrupt or goes into liquidation other than for a reconstruction or
amalgamation;
(c) the Engineer gives Notice that failure to correct a particular Defect is a fundamental
breach of Contract and the Contractor fails to correct it within a reasonable period of time
determined by the Engineer;
(e) the Contractor has delayed the completion of works by the number of days for which the
maximum number of liquidated damages can be paid as defined in the Contract data; and
(f) if the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract.
For the purpose of this paragraph: "corrupt practice" means the offering, giving, receiving or
soliciting of anything of value to influence the action of a public official in the procurement
process or in contract execution. "Fraudulent practice" means a misrepresentation of facts in order
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to influence a procurement process or the execution of a contract to the detriment of the Borrower
and includes collusive practice among Bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and to deprive the Borrower of the benefits
of free and open competition."
54.3 When either party to the Contract gives notice of a breach of contract to the Engineer for a cause
other than those listed under Sub Clause 54.2 above, the Engineer shall decide whether the breach
is fundamental or not.
54.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.
54.5 If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and
secure and leave the Site, as soon as reasonably possible.
55.1 If the-Contract is terminated because of a fundamental breach of Contract by the Contractor, the
Engineer shall issue a certificate for the value of the work done fewer advance payments
received up to the date of the issue of the certificate, less other recoveries due in terms of the
contract, less taxes due to be deducted at source as per applicable law and less the
percentage to apply to the work not completed as indicated in the Contract Data. Additional
Liquidated Damages shall not apply. If the total amount due to the Employer exceeds any
payment due to the Contractor, the difference shall be a debt payable to the Employer.
55.2 If the Contract is terminated at the Employer's convenience, the Engineer shall issue a certificate for the
value of the work done, less advance payments received up to the date of the certificate, less other
recoveries due in terms of the contract and less taxes due to be deducted at source as per applicable law.
No extra cost will be paid by the employer for expenditure towards removal of Equipment, repatriation
of the Contractor's personnel employed solely on the Works and the Contractor's costs of protecting and
securing the Works.
56. Property:
56.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to be the
property of the Employer, if the Contract is terminated because of a contractor’s default.
57.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside the
control of either the Employer or the Contractor, the Engineer shall certify that the Contract has
been frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after
receiving this certificate and shall be paid for all work carried out before receiving it and for any
work carried out afterwards to which commitment was made.
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F. SPECIAL CONDITIONS OF CONTRACT
1. LABOUR:
The Contractor shall, unless otherwise provided in the Contract, make his own arrangements for the
engagement of all staff and labour, local or other, and for their payment, housing, feeding and
transport.
The Contractor shall, if required by the Engineer, deliver to the Engineer a return in detail, in such
form and at such intervals as the Engineer may prescribe, showing the staff and the numbers of the
several classes of labour from time to time employed by the Contractor on the Site and such other
information as the Engineer may require.
During continuance of the contract, the Contractor and his sub-contractors shall abide at all times by
all existing labour enactments and rules made there under, regulations, notifications and bye laws of
the State or Central Government or local authority and any other labour law (including rules),
regulations, bye laws that may be passed or notification that may be issued under any labour law in
future either by the State or the Central Government or the local authority. Salient features of some
of the major labour laws that are applicable to the construction industry are given below. The
Contractor shall keep the Employer indemnified in case any action is taken against the Employer by
the competent authority on account of contravention of any of the provisions of any Act or rules
made there under, regulations or notifications including amendments. If the Employer is caused to
pay or reimburse, such amounts as may be necessary to cause or observe, or for non-observance of
the provisions stipulated in the notifications/bye laws/Acts/Rules/regulations including amendments,
if any, on the part of the Contractor, the Engineer/Employer shall have the right to deduct any money
due to the Contractor including his amount of performance security. The Employer/Engineer shall
also have the right to recover from the Contractor any sum required or estimated to be required for
making good the loss or damage suffered by the Employer.
The employees of the Contractor and the Sub-Contractor in no case shall be treated as the employees
of the Employer at any point of time.
a) Workmen Compensation Act 1923: - The Act provides for compensation in case
of injury by accident arising out of and during the course of employment.
b) Payment of Gratuity Act 1972: Gratuity is payable to an employee under the Act on
satisfaction of certain conditions on separation if an employee has completed 5 years
service or more or on death the rate of 15 days wages for every completed year of
service. The Act is applicable to all establishments employing 10 or more employees.
c) Employees P.F. and Miscellaneous Provision Act 1952: - The Act Provides for
monthly contributions by the employer plus workers @ 10% or 8.33%. The benefits
payable under the Act are:
(i) Pension or family pension on retirement or death, as the case may be.
d) Maternity Benefit Act 1951: -The Act provides for leave and some other benefits to
women employees in case of confinement or miscarriage etc.
e) Contract Labour (Regulation & Abolition) Act 1970: - The Act provides for certain
welfare measures to be provided by the Contractor to contract labour and in case the
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Contractor fails to provide, the same are required to be provided, by the Principal
Employer by Law. The Principal Employer is required to take Certificate of
Registration and the Contractor is required to take license from the designated
Officer. The Act is applicable to the establishments or Contractor of Principal
Employer if they employ 20 or more contract labour.
f) The Code on Wages, 2019: This code consolidates the Laws relating to Wages and
Bonus and matters connected therewith or incidental thereto.
g) Industrial Disputes Act 1947: - The Act lays down the machinery and procedure for
resolution of Industrial disputes, in what situations a strike or lock-out becomes
illegal and what are the requirements for laying off or retrenching the employees or
closing down the establishment.
i) Trade Unions Act 1926: - The Act lays down the procedure for registration of trade
unions of workmen and employers. The Trade Unions registered under the Act have
been given certain immunities from civil and criminal liabilities.
j) Child Labour (Prohibition & Regulation) Act 1986: - The Act prohibits employment
of children below 14 years of age in certain occupations and processes and provides
for regulation of employment of children in all other occupations and processes.
Employment of Child Labour is prohibited in Building and Construction Industry.
m) Factories Act 1948: -The Act lays down the procedure for approval at plans before
setting up a factory, health and safety provisions, welfare provisions, working hours,
annual earned leave and rendering information regarding accidents or dangerous
occurrences to designated authorities. It is applicable to premises employing 10
persons or more with aid of power or 20 or more persons without the aid of power
engaged in manufacturing process.
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The contractor shall not be required to obtain any consent from the employer for:
a) the Sub-contracting of any part of the works for which the sub-contractor is named in the
contract.
c) the purchase of materials which are in accordance with the standards specified in the Contract.
d) Beyond this if the contractor proposes sub-contracting any part of the work during execution of
works, because of some unforeseen circumstances to enable him to complete the work as per
terms of the contract, the Engineer / Employer will consider the following before according
approval:
▪ The contractor shall not sub-contract any part of the work without prior consent of the
Engineer. Any such consent shall not relieve at the contractor from any liability or
obligations under the contract and he shall be responsible for the acts, defaults and neglects
of any sub-contractor, his agents or workmen as fully as if they were the acts, defaults or
neglects of the contractor, his agents or workmen.
▪ The Engineer should satisfy whether (a) the circumstances warrant such sub-contracting;
and (b) the sub-contractors so proposed for the work possess the experience, qualification
and equipment necessary for the job proposed to be entrusted to them in proportion to the
quantum of work to be sub-contracted.
▪ If payments are proposed to be made directly to that sub-contractor, this should be subject
to specific authorization by the prime contractor so that this arrangement does not alter the
contractor’s liability or obligations under the contract.
Note: All bidders are expected to indicate clearly in the bid, if they propose sub-contracting elements
of the works along with proposed value of such works [as mentioned in Contract Data]. For each such
proposal the qualification and the experience of the identified sub-contractor in the relevant field should
be furnished along with the bid to enable the employer to satisfy himself about their qualifications
before agreeing for such sub-contracting and include it in the contract.
In view of the above, normally no additional sub-contracting should arise during execution of the
contract.
4. PROTECTION OF ENVIRONMENT:
The Contractor shall take all reasonable steps to protect the environment on and off the Site and to
avoid damage or nuisance to persons or to property of the public or other resulting from pollution, noise or
other causes arising as a consequence of his methods of operation.
During continuance of the contract, the Contractor and his sub-contractors shall abide at all times by all
existing enactments on environmental protection and rules made there under, regulations, notifications and
bye-laws of the State or Central Government, or local authorities and any other law, by-law, regulations that
may be passed or notification that may be issued in this respect in future by the State or Central Government
or the local authority. The contractor shall also abide by the requirements as per Attachment-X of the Bid
Document.
Salient features of some of the major laws that are applicable are given below:
The Water (Prevention and Control of Pollution) Act, 1974: This provides for the prevention and
control of water pollution and the maintaining and restoring of wholesomeness of water. ‘Pollution’ means
such contamination of water or such alteration of the physical, chemical or biological properties of water or
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such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water
(whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or
injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate
uses, or to the life and health or animals or plants or of aquatic organisms.
The Air (Prevention and Control of Pollution) Act, 1981: This provides for prevention, control and
abatement of air pollution. ‘Air Pollution’ means the presence in the atmosphere of any ‘air pollutant’, which
means any solid, liquid or gaseous substance (including noise) present in the atmosphere in such
concentration as may be or tend to be injurious to human beings or other living creatures or plants or
property or environment.
The Environment (Protection) Act, 1986: This provides for the protection and improvement of
environment and for matters connected therewith, and the prevention of hazards to human beings, other
living creatures, plants and property. ‘Environment’ includes water, air and land and the inter-relationship
which exists among and between water, air and land, and human being, other living creatures, plants, micro-
organism and property.
The Public Liability Insurance Act, 1991: This provides for public liability insurance for the purpose
of providing immediate relief to the persons affected by accident occurring while handling hazardous
substances and for matters connected herewith or incidental thereto. Hazardous substance means any
substance or preparation which is defined as hazardous substance under the Environment (Protection) Act
1986, and exceeding such quantity as may be specified by notification by the Central Government.
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ENVIRONMENTAL MITIGATION MEASURES DURING CONSTRUCTION
1. Removal of Trees will be removed from the corridor of impact Contractor Department
Trees (or, site) before the commencement of construction
with prior clearance from the Forest Department.
3. Loss of (a) The topsoil from all areas of cutting and all areas Contractor Department.
Topsoil to be permanently covered shall be stripped to a
specified depth of 150 mm and stored in
stockpiles (maximum slope 1:2, and maximum
height 2m). To retail soil and to allow percolation
of water, the edges of the stockpile shall be
protected by slit fencing
4. Borrowing of The borrowing shall not be carried out in cultivable Contractor Department.
Earth lands, unless agreed upon by the Engineer.
Borrowing of earth shall be carried out as per the
IRC Guidelines.
5. Degradation of The location, shape and size of the designated Contractor Department.
Borrow Areas borrow areas shall be as approved by the Engineer
and in accordance to the IRC recommended practice
for borrow pits for road embankments. Borrow pits
shall be re-developed, spoils shall be dumped with
an overly of stockpiled topsoil. Redevelopment of
borrow areas shall be taken up in accordance with
the plans approved by the Engineer.
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Environmental Mitigation / Management Measures Responsibility
Impact/Issue
Implementation Supervision
6. Soil Erosion Along sections abutting water bodies, stone pitching Contractor Department.
needs to be carried out for slopes between 1:4 and
1:2 Gabion structures/ Grass turfing shall be
provided for slopes steeper than 1 vertical to 2
horizontals. The work shall consist of measures as
per design or as directed by the Engineer to control
soil erosion, sedimentation and water pollution,
through use of berms, dikes, sediment basins, fiber
mats, mulches, grasses, slope drains and other
devices.
8. Quarry The Contractor shall open and use quarries, as per Contractor
Operations the Odisha Mining Rules. Alternatively, the Department.
Contractor shall acquire the required material from
quarries licensed by the OSPCB and having an
approved redevelopment plan.
10. Loss of Other The replacement shall be ready prior to demolition / Contractor Department.
Water Sources dismantling of the existing source. Any damage to
the existing sources of water (hand pump, tube well
etc.) shall be made good by the Contractor at his
expense.
11. Flooding In addition to the design requirements, the contractor Contractor Department.
shall take all desired measures as directed by the
Engineer to prevent temporary or permanent
flooding of the site or any adjacent area.
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Environmental Mitigation / Management Measures Responsibility
Impact/Issue
Implementation Supervision
12. Alteration of a. In sections along water courses, and close to Contractor Department.
Drainage cross-drainage channels, earth, stone or any
other construction materials or appendage shall
be properly disposed off so as not to block the
flow of water.
14. Sanitation and Construction laborer’s camps shall be located at least Contractor Department.
Waste disposal 200 m away from the nearest habitation and as
in construction approved by the Engineer. The sewage system for a
camps construction laborer’s camp shall be designed, built
and as per the Factories Act, 1948 and the building
and other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996.
15. Generation of All vehicles delivering materials to the site shall be Contractor Department.
Dust covered to avoid spillage of materials. Clearance
shall be affected by manual sweeping and removal of
debris, or, if so, directed by the Engineer, by
mechanical sweeping and cleaning equipment, an all
dust, mud and other debris shall be removed
completely.
16. Emission from Hot mix plants and batching plants shall be located Contractor Department.
Hot-Mix sufficiently away from habitation, agricultural
Plants and operations or industrial establishments. Where
Batching possible such plants will be located at least 1000 m
Plants. downwind from the nearest habitation. The exhaust
gases, and operation of the plants shall comply with
the requirements of the relevant current emission
control rules (as per OSPCB).
17. Emission and All vehicles, equipment and machinery used for Contractor Department.
noise from construction shall conform to the relevant Bureau of
Vehicles & Indian Standard (BIS) norms. All vehicles,
Equipment equipment and machinery used for construction shall
be regularly maintained to ensure that pollution
emission levels comply with the relevant
requirements of OSPCB.
Page 85 of 172
Environmental Mitigation / Management Measures Responsibility
Impact/Issue
Implementation Supervision
18. Pollution from All crushers used in construction shall conform to Contractor Department.
Crusher relevant dust emission control rules. Clearance for
siting shall be obtained from the OSPCB.
Alternatively, only crushers already licensed by the
OSPCB shall be used.
19. Loss, Damage All works are to be carried out in such a fashion that Contractor Department.
or Disruption the damage and disruption to fauna is minimum.
of/to Fauna. Construction workers shall be instructed to protect
natural resources and fauna, including wild animals
and aquatic life. Hunting and unauthorized fishing
are prohibited.
21. Traffic Control The Contractor shall take all necessary measures for Contractor Department.
and Safety the safety of traffic during construction and provide,
erect and maintain such barricades, including signs,
markings, flags, lights and flagmen as may be
required by the Engineer for the information and
protection of traffic approaching or passing through
the section of the road under improvement.
22. Risk from The contractor is required to comply with all the Contractor Department.
Construction precautions as required for the safety of the
Operations workmen as per the international Labour
Organisation (ILO) Convention No. 62 as far as
those are applicable to this contract. The contractor
shall also comply with the national Building Code
for this purpose.
23. Potable Water Potable water supply will be provided, at every Contractor Department.
and Hygiene workplace, as per the Factory Rules of Odisha. All
requirements as per standards set by the building and
other Construction Workers (Regulation of
Employment and Conditions of Service) Act, 1996
shall be fulfilled.
24. Protection of All the necessary and adequate care shall be taken to Contractor Department.
Cultural minimize impact on cultural properties (which
Heritage / includes cultural sites and remains, places of
Property worship, graveyards, monuments and any other
important properties/sites/remains notified under the
Ancient Sites and Remains Act)
25. Chance found All fossils, coins, articles of value of antiquity and Contractor Department.
Archaeological structures and other remains or things of geological
property or archaeological interest discovered on the site shall
be the property of the Government. The contractor
Page 86 of 172
Environmental Mitigation / Management Measures Responsibility
Impact/Issue
Implementation Supervision
shall work within 100 m in all directions from the
site. The Engineer shall seek direction from the
Archaeological Society of India (ASI) before
instructing the Contractor to recommence work on
the site.
26. Risk from Except as may be provided in the contract or ordered Contractor Department.
explosives or authorized by the Engineer, the contractor shall
not use explosives. Where the use of explosives is so
provided or ordered or authorized, the contractor
shall comply with the requirements of the explosives
Act. First aid and medical care shall be provided, as
per the factory Rules of Odisha.
5. POSSESSION OF SITE:
The Contractor will facilitate acquisition of land and shifting of utilities including provision of manpower
and vehicle for liaison with District Administration, Land Acquisition Authority, P.W.D & other concerned
stakeholders for shifting of utilities. However, the final responsibility of land acquisition lies with the
employer.
Page 87 of 172
SECTION 4:
CONTRACT DATA
Page 88 of 172
Contract Data
1.1.5& 2.3 Contract Data i. The Schedule of Operating and Maintenance Manuals
(Date to be Notified) [Cl. No.53]
(Documents also to
form part of the ii. The Schedule of Other Contractors (To be Notified later)
Contract) [Cl. No.8]
1.1.6 Contractor Contractor’s obligations shall be, but not limited to the following:
Page 89 of 172
Clause Conditions Data
Reference
Contract, and
Page 90 of 172
Clause Conditions Data
Reference
1.1.11 Defects Liability 1. Civil Works: The Defects Liability Period is 5 (Five) Years
Period from the date notified in the Completion certificate of the
work.
Page 91 of 172
Clause Conditions Data
Reference
obligation.
FAX - 2396326
1.1.22 Start Date / Date Date of issue of notice to proceed with the work.
of
Commencement (To be notified later).
Work Details:
1.1.26 Works
Government of Odisha has decided to Construction of 2nd Bridge
over River Bramhani at Patrapur on Cuttack-Chandbali Road on
Turnkey basis. It will be a prime link between Kendrapara and
Chandbali. It also gives direct connectivity to Dangamal and
Bhitarakanika national park and shall cater to the growing tourist
attraction. Under the State Plan scheme, the following Project is
proposed on Turnkey basis at Chandbali, Bhadrak: “Construction
of 2nd Bridge over River Bramhani at Patrapur on Cuttack-
Chandbali Road on Turnkey basis.” The work shall be executed
in a Turnkey Contract, where the Contractor assumes single sole
responsibility for on time project delivery, to a specified performance
level inclusive of the design and construction of the project
components, in return for a payment on a fixed price Details of these
works have been provided in Section-8, Concept drawings at Section-
7 and Technical Specifications at Section-5. The rates and prices
quoted by the bidder shall remain fixed for the duration of the contract
and shall not be subject to any price adjustment.
Page 92 of 172
Clause Conditions Data
Reference
3 Language & Law The language of the Contract documents is English. The law, which
applies to the Contract, is the laws of Union of India.
13.1 & Insurance The Contractor shall provide the following policies within 28 days
13.2 from the date of commencement.
Page 93 of 172
Clause Conditions Data
Reference
settled amicably, both the parties will take the shelter of court of
law at Bhubaneswar.
27.1 Programme The Contractor shall submit a detail resource-based work program
using standard software (Primavera/MS Projects) and a ‘S’ Curve
showing monthly cash flow forecast for the Works, within 14 days
of issue of the Letter of Acceptance of tender which shall form part
of the contract.
27.2& Update of the The period between Program updates shall be 60 days. The amount
27.3 Programme to be withheld for late submission of an updated Program shall be
1% of the Contract Amount to be released upon submission of the
next Work Programme.
34 & 35 Defects Liability For Defects Liability Period Refer Cl. 1.1.11.
Period
The period for remedying Defects by the Contractor is 30 days
from the date of Notice given by the Engineer, failing which the
Employer shall make good the same at the cost and risk of the
Contractor.
37.1 Change of Scope The Change of Scope may also include work(s) under exigency
which will facilitate smooth completion of the project and may
not be directly related to the scope of works under this Contract.
Page 94 of 172
Clause Conditions Data
Reference
37.6 Change of Scope The total value of all change of scope of work shall not exceed
10 % of total contract price for the construction work.
Page 95 of 172
Clause Conditions Data
Reference
44.1 Retention Money Retention money - 10 % of gross value of each running bill is to be
deducted after gross payment exceeds 10% of the Contract Amount
and shall continue up to 60% of the Contract Amount. The limit of
retention money shall be 5% of the Contract Amount.
2. Project Milestone-I
3. Project Milestone-II
4. Project Milestone-III
Page 96 of 172
Clause Conditions Data
Reference
46 Bonus Payment The Contractor shall be eligible for bonus payment as per the
provisions of OPWD Code as on the date of signing of contract.
47 Advance payment Advance Payment may be made upon request from the Contractor
with the following conditions satisfied.
53 & 53.1 Operating and As built drawings duly approved by the Engineer, operating and
Maintenance maintenance manuals of various fittings, machines, equipment and
Manual /or installations along with their warranties as provided by the
OEMs are required by the Employer and the Contractor shall
supply them within 30 days of handing over of the project, failing
which 1% of the Contract amount shall be withhold by the
Employer.
Page 97 of 172
Clause Conditions Data
Reference
Employer.
55.1 Value of wok not The percentage to apply to the value of the work not completed
completed. representing the Employer's additional cost for completing the
Works shall be 20 %.
56.1 Property Contractor’s Default shall mean provisions under Cl. 54.2 (a), Cl.
54.2. (c) and Cl. 54.2.(e).
Page 98 of 172
SECTION –5
Page 99 of 172
SECTION 6:
SECURITIES AND OTHER FORMS
WHEREAS, [name of Bidder] (hereinafter called "the Bidder") has submitted his Bid
dated [date] for the construction of [name of Contract hereinafter called "the Bid"].
SEALED with the Common Seal of the said Bank this day of 20.
(1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity specified in the Form of Bid;
OR
(2) If the Bidder having been notified to the acceptance of his bid by the Employer during the period of Bid validity:
(a) fails or refuses to execute the Form of Agreement in accordance with the Instructions to Bidders, if required; or
(b) fails or refuses to furnish the Performance Security, in accordance with the Instructions to Bidders; or
(c) does not accept the correction of the Bid Price pursuant to Clause 27
We undertake to pay to the Employer up to the above amount upon receipt of his first written demand, without the
Employer having to substantiate his demand, provided that in his demand the Employer will note that the amount claimed by him is
due to him owing to the occurrence of one or any of the three conditions, specifying the occurred condition or conditions.
This guarantee shall also be operatable at our ........................... Branch at Bhubaneswar, from whom, confirmation
regarding the issue of this guarantee or extension / renewal thereof shall be made available on demand. In the contingency of this
guarantee being invoked and payment thereunder claimed, the said branch shall accept such invocation letter and make payment of
amounts so demanded under the said invocation.
The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging System) platform & shall invariably send
an advice of this Bank Guarantee to the designated bank of Odisha Bridge & Construction Corporation Ltd details of which is as
under:
Sl. No. Particulars Details
1 Name of Beneficiary OB&CC Ltd.
2 Name of Bank Union Bank of India
3 Account No 127511100001024
4 IFSC Code UBIN0812757
This Guarantee will remain valid for a period of 45 (Forty-five) days beyond the final bid validity period.
1. Our Liability under this Bank Guarantees shall not exceed …………………...
2. The Bank Guarantee shall be valid up to ....................... ; and
3. We are liable to pay up to the guarantee amount only and only if we receive from you a written claim or demand not later than
dd/mm/yyyy ----------- , at our Branch,...................................... All your rights as well as our liability under this bank guarantee shall
stand extinguished unless a written claim or demand is made under this guarantee not later than --------------
DATE SIGNATURE
WITNESS SEAL
* The Bidder should insert the amount of the guarantee in words and figures denominated in Indian Rupees. This figure
should be the same as shown in Clause 16.1 of the Instructions to Bidders.
** 45 days after the end of the validity period of the Bid. Date should be inserted by the Employer before the Bidding
documents are issued.
To
[name of Employer]
[address of Employer]
AND WHEREAS it has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank
Guarantee by a recognized bank for the sum specified therein as security for compliance with his obligation in accordance with the
Contract;
AND WHEREAS we have agreed to give the Contractor such a Bank Guarantee:
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you on behalf of the Contractor, up
to a total of [amount of guarantee]* (in words), such sum being payable in the
types and proportions of currencies in which the Contract Price is payable, and we undertake to pay you, upon your first written demand
and without cavil or argument, any sum or sums within the limits of [amount of guarantee] as aforesaid without
your needing to prove or to show grounds or reasons for your demand for the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the contractor before presenting us with the demand.
We further agree that no change or addition to or other modification of the terms of the Contract or of the Works to be
performed there under or of any of the Contract documents which may be made between your and the Contractor shall in any way
release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or modification.
This guarantee shall also be operatable at our ........................... Branch at Bhubaneswar, from whom, confirmation
regarding the issue of this guarantee or extension / renewal thereof shall be made available on demand. In the contingency of this
guarantee being invoked and payment thereunder claimed, the said branch shall accept such invocation letter and make payment of
amounts so demanded under the said invocation.
The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging System) platform & shall
invariably send an advice of this Bank Guarantee to the designated bank of Odisha Bridge & Construction Corporation Ltd details of
which is as under:
Sl No. Particulars Details
1 Name of Beneficiary OB&CC Ltd.
2 Name of Bank Union Bank of India
3 Account No 127511100001024
4 IFSC Code UBIN0812757
This guarantee shall be valid until 28 days from the date of expiry of the Defect Liability Period.
Signature and Seal of the guarantor
Name of Bank
Address
Date
* An amount shall be inserted by the Guarantor, representing the percentage the Contract Price specified in the Contract including
additional security for unbalanced Bids, if any and denominated in Indian Rupees.
To
[name of Employer]
[address of Employer]
[name of Contractor]
Gentlemen :
In accordance with the provisions of the Conditions of Contract, sub-clause 47.1 ("Advance Payment") of the above-mentioned
Contract, [name and address of Contractor] (hereinafter called "the Contractor") shall deposit
with [ name of Employer] a bank guarantee to guarantee his proper
and faithful performance under the said Clause of the Contract in an amount
of [amount of Guarantee] * [in words].
We further agree that no change or addition to or other modification of the terms of the Contractor or Works to be performed
thereunder or of any of the Contract documents which may be made between [name of Employer] and
the Contractor, shall in any way release us from any liability under this guarantee, and we hereby waive notice of any such change, addition
or modification.
This guarantee shall also be operatable at our .......................... Branch at Bhubaneswar, from whom, confirmation regarding the issue
of this guarantee or extension / renewal thereof shall be made available on demand. In the contingency of this guarantee being
invoked and payment thereunder claimed, the said branch shall accept such invocation letter and make payment of amounts so
demanded under the said invocation.
The guarantor/bank hereby confirms that it is on the SFMS (Structural Finance Messaging System) platform & shall
invariably send an advice of this Bank Guarantee to the designated bank of Odisha Bridge & Construction Corporation Ltd details of
which is as under:
Sl No. Particulars Details
1 Name of Beneficiary OB&CC Ltd.
2 Name of Bank Union Bank of India
3 Account No 127511100001024
4 IFSC Code UBIN0812757
This guarantee shall remain valid and in full effect from the date of the advance payment under the Contract until
[name of Employer] receives full repayment of the same amount from the Contractor.
Yours truly,
* An amount shall be inserted by the Bank or Financial Institution representing the amount of the Advance Payment and
denominated in Indian Rupees.
1 I… .......................... (Name of the Engineer), acting as the Engineer, under and in accordance with the Agreement
dated .............................. (the “Agreement”), for [construction of the ****) on Turn Key basis through (Name of
Contractor), hereby certify that the Tests in accordance with Contract Agreement have been successfully undertaken to
determine compliance of the Project with the provisions of the Agreement, and I am satisfied that the Project can be
safely and reliably placed in service of the Users thereof.
2 It is certified that, in terms of the aforesaid Agreement, all works forming part of Project have been completed, and
the Project is hereby declared fit for entry into operation on this the day of 20 ............ , Scheduled Completed Date for
which was the…... day of... 20……
(Signature)
(Name)
(Designation) (Address)
I, ................................ (Name and designation of the Employer’s Representative) under and in accordance with
the Agreement dated …………………….. (the “Agreement”), for [construction of ****] (the
“Project”) Turn Key basis through ……………… (Name of Contractor), hereby certify that the Tests
on completion of Defect Liability Period in accordance with the Agreement have been successfully
undertaken to determine compliance of the Project with the provisions of the Agreement and I hereby certify
that the Employer has taken over the Project from the Contractor on this day………
(Signature)
(Address)
http://gofile.me/6eHWb/yuh2SwAEj
7. Except inception report, all other reports as listed above shall be submitted by the
Contractor to the Employer only after obtaining approval of the same from any National
Institute of Reputed such as India Institute of Technology (IIT)/Govt. Engineering
College at Contractor’s own cost. Such approved documents need to be furnished to the
Employer within the stipulated datelines as mentioned at Section-4 in the contract data.
The Employer will not provide office accommodation, vehicles, survey or any
other equipment to the Contractor. The Bidder shall make his own arrangement for their
office staff for each of the field supervision teams including furniture, equipment,
operation and maintenance, vehicles, and equipment.
IV. SECRECY
The contractor shall take all steps necessary that all persons employed on any
work in connection with the contract have noticed that the Indian Official Secrets Act
1923 applies to them & will continue so to apply even after the execution of such works
under the contract. The contract is confidential and must be strictly confined to the
All documents, copies thereof & extracts therefrom furnished to the contractor
or submitted by the Contractor shall be returned to the Employer on the completion of
the work / works or on earlier determination of the contract. All the drawings, designs
and documents of this project shall be the property of the Employer and shall not be
reproduced by the Contractor either full or by part, for any purpose whatsoever may be,
without written permission of the Employer, any time afterwards, once the As Built
submission is over and complete. The Bidder may retain a copy of such documents but
shall not use these documents for purposes unrelated to this Contract without the prior
written approval of the Client.
Details of Site are as mentioned at Schedule-A. The Contractor shall construct the
Project as specified in Schedule-B and Schedule-C, and in conformity with the Specifications
and Standards set forth in Schedule-D.
The Contractor shall be responsible for correct positioning of all parts of the Works,
and shall rectify any error in the positions, levels, dimensions, or alignment of the Works.
Salient features of this projects have been provided in Section-8. Additional features of the
project are described below:
1. Type of foundation: As per approved design and relevant IRC codes.
2. Substructure to match the concept design and theme architecture of the
Superstructure of the project.
3. Road Geometry and pavement as per IRC: SP:84-2019 and IRC: SP:73-2018
as applicable.
4. Drainage
a. Drainage to be provided with outlets into the outfall points and
culverts, or/and connecting to nearest natural stream.
1.1 Site of the Project shall include the land, buildings, structures and road works as
described in Annex-I of this Schedule-A.
1.2 The dates of handing over the Right of Way to the Contractor are specified in
Annex-II of this Schedule-A.
1.3 An inventory of the Site including the land, buildings, structures, road works, trees
and any other immovable property on, or attached to, the Site shall be prepared
jointly by the Authority’s Representative and the Contractor, and such inventory
shall form part of the memorandum.
1.4 The status of the environment clearances obtained or awaited is given in Annex-IV.
3 Carriageway
4 Major Bridges
The Site includes the following Major Bridges:
Sl. No. Chainage (km) Type of Structure No. of Spans Width (m)
16 Bypasses
The details of the existing road sections proposed to be bypassed are as follows: Nil
17 Other structure
[Provide details of other structures, if any.]: Nil
(Schedule-A)
Environment Clearances
The project will not attract Environmental Clearance. However, the contractor shall
have to get the necessary EC for construction materials and setting of plants.
(Schedule-A)
As the project comes under the limit of National Waterway-5, hence necessary permission has to
be obtained from the IWAI before construction. Hence, the contractor shall do all due diligence
& incorporate all the provisions of IWAI while designing & execution of the project to get the
due approval from IWAI.
Approach to Bridge/
2 0.150 0.364 214 2×10.50m TCS-2
Viaduct
Approach to Bridge/
4 1.268 1.550 282 2×10.50m TCS-2
Viaduct
2×13.00m
5 Approach Road 1.550 1.719 169 TCS-1
(Merging Section )
Nil
-
Approach to Bridge/
4 1.268 1.550 282 2×10.50m TCS-2
Viaduct
2×13.00m -
5 Approach Road 1.550 1.719 169 (Merging TCS-1
Section )
Note:
Profile Corrective course over the existing carriageway shall be provided as per
provisions of Section 501.8.3.4 of MoRTH Specifications, wherever overlay is
proposed.
For the stretches identified for rehabilitation with overlay, PCC layer shall be
provided based on clearance between FRL & Existing Road levels. In case of
requirement for provision of non-bituminous layer as PCC layer, existing
bituminous layer shall be scarified, over which granular layer shall be provided.
a) Design Period and strategy
Nil
6. Roadside Drainage
Drainage system including surface and subsurface drains for the Project shall be
provided as per Section 6 of the Manual. Provision of deep drain has been made in
the following locations which shall be treated as minimum.
From To Total
Sl. Width Typical cross
(Design (Design Length Remarks
No. (m) section
Km) Km) (km)
Nil
7. Design of Structures
(i) General
All bridges & culverts to contain provisions for ducts ducts for utilities service such as OFC &
telephone cable only. Provision of water pipeline and Gas line shall not be allowed as per
Manual.
f) Cross-section of the culverts and bridges at deck level for the Project shall
conform to the typical cross-sections given in Section 7 of the Manual.
(ii) Culverts
(a) Overall width of all culverts shall be equal to the roadway width of the
approaches.
(b) Reconstruction of existing culverts:
(c) The railings of existing bridges shall be replaced by crash barriers at the
following locations: Nil
(d) Repairs/replacements of railing/parapets of the existing bridges shall be
undertaken as follows: Nil
(e) Drainage system for bridge decks
An effective drainage system for bridge decks shall be provided as specified
in paragraph 7.2 of the Manual.
(f) IWAI clearances -As the comes under the limit of National Waterway-5, hence necessary
permission has to be obtained from the IWAI before construction. Hence, the contractor
shall do all due diligence & incorporate all the provisions of IWAI while designing &
execution of the project to get the due approval from IWAI.
(g) Structures in marine environment N o
[Refer to paragraph 7.21 of the Manual]
(iv) Rail-road bridges
Nil
(v) Grade separated structure
Nil
Sl. Type of
Proposed Ch. Span Arrangement Proposal Remarks, if any
No. (km) Bridge
(No x Span Length) (m)
11x25m (Rcc Girder) New Major
1 0+828.200 Major
+1x37.20m (Composite Construction Bridge with
Bridge Girder)+4x76.104m (Bow Footpath.
String Girder)+1x37.20m For Deck
(Composite Girder)+10x25m width Ref
(Rcc Girder) Fig 7.1
a) Retaining Wall:
Provision of Thrie-beam metal crash barrier has been made in accordance with IRC
Standards for a minimum length of 2025 m.
a) Traffic control devices and road safety works shall be provided in accordance with Section
9 of the Manual.
b) Specifications of the reflective sheeting. [Refer to paragraph 9.2 of the Manual] Retro-
reflective sheeting shall be conforming to ASTM D 4956-01, type XI of micro prismatic
type.
Speed limits sign boards near institutional buildings & built up area in accordance with
IRC Standards and It is to be provided as per provision provided in manual
recommended in Schedule D.
b) Roadside Furniture
i. Traffic Signs
Traffic signs include roadside signs, pedestrian signs, prohibitory signs, facility
information, direction information signs, overhead signs and curb mounted signs
along the entire Project as per section 9 manual of specifications.
Pavement markings shall cover road marking for the entire Project as per manual of
specifications.
LED Traffic Blinkers for the entire Project at the locations as suggested in Manual.
iv. Crash barrier
Provide New Jersey type Concrete crash barrier for complete length along both
sides of the Bridge and Retaining wall as suggested in manual recommended in
Schedule D.
Delineators for the entire Project at the locations as suggested in relevant IRC
Manual recommended in Schedule D.
c) Pedestrian Facilities
Landscaping and tree plantation shall be as per the Manual of Specifications & IRC
Standards.
i. Bus-bays: Nil
MAINTENANCE REQUIREMENTS
Deleted
.................................................................................................................................
Schedule – F
APPLICABLE PERMITS
Deleted
.................................................................................................................................
Schedule – G
Deleted
.................................................................................................................................
Schedule – H
Deleted
Schedule – J
Deleted
a. Riding quality test: Riding quality of each lane of the carriageway shall be
checked with the help of a calibrated bump integrator and the maximum
permissible roughness for purposes of this Test shall be 2,000 (two thousand)
mm for each kilometre.
b. Tests for bridges: All major and minor bridges shall be subjected to the
rebound hammer and ultrasonic pulse velocity tests, to be conducted in
accordance with the procedure described in Special Report No. 17: 1996 of
the IRC Highway Research Board on Non-destructive Testing Techniques, at
two spots in every span, to be chosen at random by the Engineer. Bridges with
a span of 15 (fifteen) metres or more shall also be subjected to load testing.
c. Other tests: The Engineer may require the Contractor to carry out or cause to
be carried additional tests, in accordance with Good Industry Practice, for
determining the compliance of the Project Road with Specifications and
Standards.
PROVISIONAL CERTIFICATE
Deleted
................................................................
Schedule – M
Deleted
...............................................................
Schedule – N
SELECTION OF ENGINEER
Deleted
................................................................
Schedule – O
Deleted
................................................................
Schedule – P
Deleted
Supply of materials & installation of safe earth electrodes UES 50/6, 2Mtr (chemical
earthing) including cast of electrodes earthing compound excavation of earthing pit
refilling etc. as required. The earthing lead connecting the earth electrode to the
apparatus or installation directly shall be of the same material as earth electrode. The
earthing leads shall be either wires or strips of adequate size as specified and of either
GI or tinned copper.
TESTING
Before a completed installation or any addition to an existing installation is put into
service, the electrical contractor shall carry out the following tests in presence of
Engineer-in-charge.
Polarity test
Insulation resistance test
The Main Distribution Boards (MDB) and Sub Distribution Boards (SDB) shall be
wall mounted or floor mounted type and made out of 2.0-mm (14swg) CRCA sheet
steel. In case of wall mounted boards the entire sheet steel enclosure shall be
mounted on a mild steel angle framework with adequate fixing arrangement for
grouting. In case of floor mounted boards the enclosure shall be fixed to a mild steel
angle framework with mild steel base channels. All the incoming and outgoing
switchgears and breaker other than MCB shall be fixed in separate compartments.
All switchgears above 63A rating and breakers shall be provided with door
interlocks so as to open only in OFF position. All MCCB shall be provided with
external operating handle. The ON, OFF, TRIP (where available), Rating marking
and nomenclature plates shall be provided near operating handle. A continuous earth
bus made out of Galvanized Iron or Aluminum strips of adequate size shall be
provided at the bottom of panel for the entire length. Arrangement shall be made at
both the ends of earth bus for easy entry and termination of earthing lead from
external earth installations.
Cable compartments of adequate size shall be provided for easy termination of all
The miniature circuit breakers (MCB) of appropriate curve (as specified in bill of
quantities) and approved make only shall be used. These shall be fully automatic
with provision of thermal & magnetic tripping arrangements and Trip-free
mechanism. Current limiting type MCB shall generally be used. These shall be rated
for a Service Breaking Capacity of minimum 10-kA and confirm to IS: 13947. The
MCB shall be ISI marked.
SL NO PAYMENT AS % OF
ACTIVITY
CONTRACT PRICE
Payment may be made on prorated basis on request of the contractor for each
individual in commensurate with progress after due approval from the Employer. However, in
no case, the total cost of payment exceeds the Lump Sum Contract Value for which the
agreement is signed.
2. Any other document, if asked by Employer for clarification during evaluation, shall be
submitted by the bidder.
19 Should have valid PAN and GSTIN Scan copy of valid PAN and GSTIN
APPROVED
Sd/-
EIC-cum-Managing Director