Tendernotice_2

IPB/IAB Page 1 of 60
Government of Jammu and Kashmir

PW(R&B) Department Kashmir
PWD STANDARD BIDDING DOCUMENT (Two Cover System)

STANDARD BIDDING DOCUMENT
FOR
ROADS/BRIDGES/BUILDINGS
(Two Cover System)
Name of work :- Construction of Multi-Purpose Sports Hall GDCW Baramulla.
NIT No. :- 94/8645-54/2024-25/RnB/Bla Dated 07.12.2024
Advt. cost :- Rs 265.01 Lacs
PW(R&B) Division Baramulla

Instructions to Bidders (ITB)

Table of Clauses
A General
1 Scope of Bid 20 Deadline for Submission of Bids
2 Source of Funds 21 Modification & Withdrawal of Bids.
3 Eligible Bidders
4 Qualification of Bidder E Bid Opening and Evaluation
5 One Bid per Bidder
6 Cost of bidding 22 Bid opening
7 Site visit 23 Process to be confidential

24 Clarification of bids
B Bidding Documents 25 Examination of Bids and Determination of
8 Content of Bidding Responsiveness.

Documents
9 Clarification of Bidding 26 Evaluation and Comparison of Financial
Documents Bids.
10 Amendment of Bidding
Documents 27 Award of Contract
C Preparation of Bids 28 Employer’s Right to Accept any Bid and

to Reject any or all Bids.
11 Language of Bid 29 Notification of Award and Signing of
12 Documents Comprising Agreement.

the Bid
Bid Prices 30 Performance security.
13 Currencies of Bid and 31 Advance Payment.
14 Bid Validity 32 Dispute review Expert.
15 Bid Security 33 Corrupt or Fraudulent practices.

16 Alternative Proposals by
17 Bidders.
D Submission of Bids
18 Bidding through e-
Tendering
19 Electronic submission of
Bids
A. GENERAL
1. Scope of Bid
1.1 The Employer (named in Appendix to ITB) invites bids for the construction of works (as definedin
these documents and referred to as “the works”) detailed in the table given in the ITB. The bidders
may submit bids for any or all of the works detailed in the table given in the ITB.
1.2 The successful bidder will be expected to complete the Works by intended completion date
specified in the Contract data.
1.3 Throughout these bidding documents, the terms “bid” and “tender” and their
derivatives (bidder /tender, bid/tender, bidding/tendering etc.) are synonymous.
2. Source of Funds
2.1 The expenditure on the budget will be met from the budget of Govt. of India. .
3. Eligible Bidders
3.1 This Invitation for Bids is open to all Bidders as mentioned in NIT (Individual/Joint Venture). Joint venture
bidding is allowed for the works costing Rs.15.00 Crores and above in J&K UT.
3.2 All Bidders shall provide in Section-2, Forms of Bid and Qualification Information, a statement that the
Bidder is neither associated nor has been associated directly or indirectly, with the consultant or any
other entity that has prepared the design, specifications and other documents for the project or being
proposed as Project Manager for the Contract. A firm that has been engaged by the Employer to
provide consulting services for the preparation or supervision of the work, and any of its affiliates shall
not be eligible to bid.
3.3 Bidders from Joint Venture are allowed as per 3.1and as per clause 2.6.1 page no. 31
The Joint Venture (JV) Agreement shall be Notarized. However if the JV partner are
assessed as first lowest (L1) they shall furnish JV Agreement duly registered by First class Munsiff
before letter of acceptance of bid (LOA) is issued in their favour.
4.0 Qualification of the Bidder (Technical Bid Qualification)
4.1 All Bidders shall provide in Section-2, Forms of Bid and Qualification Information, preliminary description
of the proposed work method and schedule, including drawings and charts, as necessary. The proposed
methodology should include programme of construction backed with equipment planning and deployment
duly supported with broad calculation and quality assurance procedures along with Quality Assurance
Plan(QAP), proposed to be adopted justifying their capability of execution and completion of work as per
technical specifications, within stipulated period of completion
4.2 In the event that prequalification of quotation bidders has been under taken, only bids for prequalified bidders
will be considered for award of contract, The qualification bidders should submit with their bids any
information updating their original prequalification application’s application or alternatively confirm in their
bids that the originally submitted prequalification remains essentially correct as of date of bid submission.
The update of confirmation should be provided in section 2 a copy of the original prequalification application
and letter of prequalification should also be furnished. With the updated information, the bidder must
continue to be qualified in accordance with the criteria laid down in the prequalification document. All
bidders shall also furnish the following the information in Section 2.
4.3 All the bidders shall include the following information and documents with their bids in
Section -3 Qualification Information unless otherwise stated in Appendix to ITB.
a) Copies of original documents defining the constitution or legal status, registration card with latest renewal,
place of registration, and principal place of business; written power of attorney of the signatory of the Bid to
commit the Bidder
b) Financial turn over, year-wise, achieved on execution of civil engineering works for the last five financial years
i.e. 2019-20 to 2023-24 duly certified by the Chartered Accountant.
c) Completion Certificate of having executed and completed or substantially completed successfully single work
of as defined under clause 1.5 b page 28 in any Govt. or Semi- Govt. Department during the last 7 (Seven)
financial years duly issued by an officer not below the rank of Executive Engineer or equivalent.
(d) The bidder shall also furnish details of other civil works executed and completed in any Govt. or Semi Govt.
department during the last 5 years .and details of works underway or contractually committed; and clients who
may be contacted for further information on those contracts;
(e) Copy of PAN card issued by the Income TAX Authority.
f) Reports on financial standing of the bidder such as profit and loss statement, balance sheet and auditors
report for the last five financial years and supported with ITRs and TDS for the last five financial years
i.e. 2019-20 to 2023-24
(g) Major items of construction equipment proposed to carry out the Contract;
(h) Qualifications and experience of key site management and technical personnel proposed forcontract;
(i) Evidence of access to line(S) of credit facility of 10% of contract value, certified by the Bankers (Not more
than 3 months old) (solvency certificate shall not be entertained).
(j) Undertaking that the bidder will be able to invest a minimum cash up to 25% of contract value of work, during
implementation of work..
(k) Authority to seek references from the Bidder’s bankers.
(l) Information regarding any litigation, current or during the last five years, in which the Bidder is involved, the
parties concerned, and disputed amount. The bidder shall mandatorily upload information regarding being
blacklisted / debarred from any Government, Semi Government organizations e.g. CPWD, PWD,
Railway authority etc. and Municipal Corporations. Such bidder shall not be allowed to participate in the
tendering process during the period of his debarment.
(m) Affidavit on Correctness of information submitted with the Bid.
(n) Power of attorney.
(o) Bidder shall furnish proof of latest returns in GST-3/GSTR-3B. FORM GST –3B
i.e. latest clearance certificate FORM GST- 3B of the preceding month/quarter (as the case may be) to the
issue of NIT.
Illustration: -
For the NIT issued in November 2024, the bidder has to upload the latest clearance certificate FORMGST-
3B of the preceding month i.e. October/ Quarter (July-September) 2024.
(p) The proposed methodology and programme 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. The bidder shall prepare the QAP (Quality Assurance Plan) as per the manual
/guidelines available on the departmental website.(clause 31 page 39)
Bids for joint venture are accepted for the works valuing Rs.15.00 Crores and above.
4.4 (A) Pre-qualification criteria:

a) General Construction Experience: Annual Turnover
The applicant should have achieved minimum annual value of general construction work (as certified by
Chartered Accountant, and at least 50(fifty) percent of which is from Civil Engineering construction works
carried out in any of the last five financial years, calculated by applying multiplying factor of 2 for calculation
of available bid capacity.
However, in case of Road/Bridge works under MoRT&H, NABARD and State Sector, the guidelines as
circulated by MoRT&H shall apply while as in case of Road/Bridge works under PMGSY, the guidelines as
circulated by PMGSY shall apply.
b) Particular Construction Experience and Key Production rates.
The applicant should have:

1. Successfully completed or substantially completed similar works during last seven financial years and should
be either of the following:-
i). Three similar completed works costing not less than the amount equal to 40 (forty) percent of the
estimated cost;
or
ii). Two similar completed works costing not less than the amount equal to 50 (fifty) percent of the
estimated cost;
or
iii). One similar completed work costing not less than the amount equal to 80 (eighty) percent of the
estimated cost;
2 Substantial completions shall be based on 80 (eighty) percent (value wise) or more works completed under the
contract. For contracts under which the applicant participated as a joint venture member or sub-contractor, only
the applicant’s share, by value, shall be considered to meet this requirement. For arriving at cost of similar
work, the value of work executed shall be brought to current costing level by enhancing the actual value of
work at simple rate of 7% (seven) per financial year.
However, in case of Road/Bridge works under MoRT&H, NABARD and State Sector, the guidelines as
circulated by MoRT&H shall apply while as in case of Road/Bridge works under PMGSY, the guidelines as
circulated by PMGSY shall apply.
4.5 (B) Each bidder should further demonstrate:
(a) Availability (either owned or leased or by procurement) of the key and critical equipment for this work as per
Annexure –I below.
(To be included for bids valued over Rs.5.00 Cr).
Based on the studies, carried out by the Engineer, the minimum suggested major equipment to attain the
completion of works in accordance with the prescribed construction schedule are shown in the Annexure-I
below:-
LIST OF KEY PLANT & EQUIPMENT TO BE DEPLOYED ON CONTRACTWORK FOR BULIDING
WORKS
Maximum Age ason Work valuing Above15 Crores Upto
S. No. Type of Equipment date of NIT up to15 Crores Rs.30.00 Crore.
1 Tipper /Trucks 5-7 3 5

2 Excavator 4 2 2
3 Mixer 3 2 2
4 Lift mixer 2 1 1
5 Concrete vibrator 6 4 5
6 Generator 125 kv 3 1 1
7 Motor Grader 3 1 1
8 Welding machine 2 1 1
9 Dewatering pump 100mm 2 1 1
10 Shuttering kit ply / steel (1500 TO2000 Sqm) 2 1 1
LIST OF KEY PLANT & EQUIPMENT TO BE DEPLOYED ON CONTRACT WORK FOR

BRIDGE/ROAD WORKS
Maximum Age Work Above 15crores

S.No Type of Equipment As on date of valuing UptoRs.30. 00 Crore.
NIT up to 15
Crores
1 Tipper /Trucks 5-7 3 5
2 Excavator 4 2 2
3 Mixer 3 2 2
4 Lift mixer 2 1 1
5 Concrete vibrator 6 4 5
6 Generator 125 kv 3 1 1
7 Motor Grader 3 1 1
8 Welding machine 2 1 1
9 Dewatering pump 100mm 2 1 1
10 Shuttering kit ply / steel (1500 2 1 1
To 2000 Sqm)
11 Dozer 5 1 1
12 Front end loader 5 1 1
13 Smooth wheeled roller 5 1 2
14 Vibratory Roller 5 1 1
15 Paver Finisher with Electronic 5 1 1
Sensor(Mandatory for Works valued over
Rs.5.00 Cr)
16 Water Tanker 5-7 1 1
17 Bitumen Sprayer 5-7 1 1
18 cold milling machine 5 1 1
19 Tandem Roller 5 1 1
20 Hot Mix Plant with Electronic 5 1 1

controls (Minimum 40 – 60
TPH Capacity)
The Engineer in charge shall be at liberty to direct the contractor to get additional plant and equipment if necessary
for timely complementation of project. The applicant should own or should have assured ownership/lease/hire the
following key items of equipment, in full working order, and must demonstrate that, based on known commitments;
they will be available for use in the proposed contract.
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 calculations (detailed) to allow the
employer to review their proposal. 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.
(b) Availability for this work of personnel with adequate experience as required as per Annexure-II.
LIST OF KEY PERSONNEL TO BE DEPLOYED ON CONTRACT WORK

S.No PERSONAL QUALIFICATION Up to 15 Crores 15 crores above Up
to Rs.30.00 Crore.
1 Project Manager B.E Civil +10Years Exp 1 1 No
Or Diploma in Civil with
15 years experience
2 Site Engineer B.E Civil +3Years Exp 1 2 No
Or
Diploma with 7 years
experience
3 Plant Engineer B.E Mech. + 3 Years Exp. 1 1 No
Or
Dip. Mech.+ 7 Years Exp.
4 Quantity B.E Civil. + 7 Years Exp. 1 1 No
Surveyor Or
Dip. Civil.+ 10Years Exp.
5 Soil & Material B.E Civil. + 7 Years Exp. 1 1 No
Engineer Or
Dip. Civil.+ 10Years Exp.
6 Survey Engineer B.E Civil+5 years Exp. 1 1 No
Or
Dip. Civil + 8 years Exp.
The contractor should have details vetted from department of pension & pensioners' welfare / Department of labour
and employment/ department of financial services, in the form of CPF/NPS muster roll of technical and non-
technical personnel as a proof of Key personnel working in firm/company.
(c) Liquid assets and/ or availability of credit facilities of not less than amount indicated in Appendix to ITB (credit
lines / letter of credit certificates from banks for meeting the funds requirement etc. usually the equivalent of the
estimated cash flow for three months in peak construction period).
4.6(C) To qualify for a package of contracts made up of this and other contracts for which bids are
invited in the ITB, the bidders must demonstrate having experience and resources sufficient to meet
the aggregate of the qualifying criteria for the individual contracts.
4.6. Bidders who meet the minimum qualification criteria will qualify only if their available bid capacity is more
than the total estimated cost of the works. The available bid capacity will be calculated as under:-
Available Bid capacity = (AxNxM-B)
A = Maximum value of civil engineering constructions works executed in any one year during the
last five financial years ( updated to the current price level of the year indicated in appendix to ITB
clause 16, page 25) taking into account the completed into as well as worksin the progress.
N = Number of years prescribed for completion of the work in question.
B = Value of existingcommencements and on-going works to be completed during the next ‘N’
years.
M= Multiplying factor 2.50.
Note: 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. The certificate should be furnished as per format shown in SBD.
4.7 Even though the Applicants meet the above qualifying criteria, they are subject to be disqualified if they
have:
i. Made misleading or false representations in the forms, statements and attachments submitted;and / or
ii. Record of poor performance such as abandoning the works not properly completed the contract inordinate
delays in completion, litigation history or financial failure etc and /or
iii. Participated in the previously bidding for the same works and had quoted unreasonably high bid prices and
could not furnish rational justification to employer
5. One Bid per Bidder

Each Bidder shall submit only one bid for one work. A Bidder who submits more than one bid for one work will
cause the proposals with the Bidder’s participation to be disqualified.
6. Cost of Bidding Document

The Bidder shall bear all costs associated with the preparation and submission of his bid and the
Employer will in no case be responsible or liable for those costs.
7. Site Visit
7.1 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.
B. BIDDING DOCUMENTS
8. Content of Bidding Documents

The set of bidding documents comprises the documents listed below and Addenda issued in
accordance with Clause 10 of ITB.
1. Notice Inviting Tender

2. Instructions to Bidders
3. Qualification Information
4. Conditions of Contract (Part-I General Conditions of Contract, and Contract data; part II Special
Conditions of Contract).
5. Specifications
6. Drawings
7. Bill of Quantities
8. Form of Bid
9. Form of Acceptance, Form of Agreement, and Issue of Notice to Proceed with the work
10. Forms of Securities and Form of Unconditional Bank Guarantee.
8.2 The bid document is available online on the website http://www.jktenders.gov.in. The bid document can be
downloaded free of cost, however, the bidder is required to submit E- challan towards cost of bid document in
favour of the name given in the Bid Data Sheet.
8.3 The bidder is expected to examine carefully all Instruction, Conditions of Contract, ContractData,
Forms, Terms, Technical Specifications, Bill of Quantities, Annexes and Drawings in the Bid Document. Failure to
comply with the requirements of bid submission will be at the bidder’s ownrisk. Pursuant to clause 26 hereof bids
which are not substantially responsive to the requirements of the bidding documents shall be rejected.
9. Clarification of Bidding Documents
9.1 The electronic bidding system provides for online clarification. A prospective bidder requiring any clarification
of the bidding document may notify online the authority inviting the bid .The authority inviting the bid will respond
to any request(s) for clarification received at the time of pre bid meeting and the response of the authority inviting
the bid will be uploaded for information of the public or other bidders without identifying the source of request for
clarification.
9.2 Pre-bid Meeting
Pre-bid meeting shall be held in the office of Superintending Engineer, PWD (R&B) Circle Baramulla
9.3 Non attendance of pre-bid meeting will not be cause of disqualification of the bidder.
10. Amendment of Bidding Documents
10.1 Before the deadline for submission of bids, the Employer may modify the bidding documents by issuing online
corrigendum. The corrigendum will appear on the web page of the website www. Jktenders.gov.in under the “Latest
Corrigendum” and e-mail notification is also automatically sent to those bidders who have moved this tender to their
“My tenders” area.
10.2 Any addendum thus issued shall be part of the bidding documents and shall be deemed to have been
communicated to all the bidders who have moved this tender to their “My Tenders” area. In case any addendum/
Corrigendum, the system will automatically send e-mail to all bidders who have downloaded the bidding document.
10.3 To give prospective bidders reasonable time in which to take an addendum into account in preparing their bids,
the Employer shall extend, as necessary, the deadline for submissionof bids, in accordance with Clause 20.2 of ITB.
C. PREPARATION OF BIDS
11. Language of the Bid
11.1 All documents relating to the bid shall be in English language.
12. Document Comprising the Bid (Two cover system)

12.1 The bid to be uploaded by the bidder shall be in two separate parts.
Part I shall be named “Technical Bid” and shall comprise.
i) Bid Security as per format.

ii) Qualification Information and supporting documents as specified in SBD.
iii) Certificates, undertaking, affidavits in SBD.
iv) Any other information as per NIT and SBD.
v) Undertaking that, the bid shall remain valid for the period of 120 days after the dead line ofdate of opening of
technical bids mentioned in the NIT.
vi) Acceptance/non- acceptance of dispute review expert
Part-II of the bid shall be named as “Financial Bid and shall comprise.
(i) Priced Bill of Quantities as per BOQ

12.2(a) The documents and details of financial Turnover for the last five financial years supported with all
other documents as required as per NIT and SBD must be uploaded by the bidder with his technical bid online
on website www.jktenders.gov.in.
Bidders must ensure to upload scanned copy of all necessary documents mentioned in NIT and SBD
with technical bid.
12.3 (deleted)
12.4 (Deleted).
13. Bid Prices:
13.1 The Contract shall be for the whole Works, based on the priced Bill of Quantities submitted by the Bidder
online.
13.2 The Bidder shall make online entries to fill the Item Rates in Bill of Quantities.
Item Rate Method requires the bidder to quote rates and prices for all items of the Works described in the Bill of
Quantities. The items for which no rate or price is entered by the Bidder will not be paid for by the Employer
when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities. Upon
numerical entry, the amount in words would automatically appear and upon entry of rates in items of work, total
bid price would automatically be calculated by the system and would bed is played.
Percentage Rate Method requires the bidder to quote a percentage above/below /at par of the schedule of rates
applicable/as mentioned in the advertised BOQ.
13.3 All duties, taxes and other levies payable by the Contractor under the contractor, or for any other cause
including GST, shall be included in the rates, price and the total bid price submitted by the Bidder.
13.4 The rates & prices quoted by the bidder shall be fixed for the duration of the contract and shall not be
subject to adjustment on any account.
14 Currencies of Bid and Payment
14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees. All payments shall be
made in Indian Rupees.
15 Bid Validity
15.1 Bids shall remain valid for a period not less than 120 days (One hundred twenty days) after the deadline
date for opening of Technical bids as specified in NIT. A bid valid for a shorter period shall be rejected by the
Employer as non-responsive.
In exceptional circumstances, prior to expiry of the original time limit, the Employer may request that the bidders
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. 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 of this chapter in all respects
Bid evaluation will be based on the bid prices without taking into consideration the above correction.
16 Bid Security
16.1 All biders have to submit bid Security Declaration Form instead of Earnest money as per the circular
of Finance Department (Bid Security Declaration Form is as per format given in SBD)
16.2 The 1st lowest bidder has to produce an amount equal to 5% of contract at Performance Security in the
shape of CDR/FDR/BG in favour of Superintending Engineer, PWD (R&B) Circle Baramulla within 15
days after the date of receipt of letter of acceptance and shall be released after successful completion of DLP.
16.3 to 16.5 (not applicable presently)
16.6 The Bid Security may be forfeited
a) If the Bidder withdraws the bid after bid opening during the period of bid validity;
b) In the case of a successful Bidder, if the Bidder fails within the specified time limit to
i) Sign the Agreement and/or
ii) Furnish the required Performance Security
17 Alternative Proposal by Bidders

17.1 Bidders shall submit offers that fully comply with the requirements of the bidding documents, including the
condition of contract (including mobilization advance or time for completion), basic technical design as indicated in
the Drawings and Specifications. Conditional offer or alternative offers will not be considered further in the
process of tender evaluation.
Online Submission of Bids

18 Bidding through E-Tendering System:
18.1 The bidding under this contract is electronic bid submission through website www.jktenders.gov.in Detailed
guidelines for viewing bids and submission of online bids are given on the website. The Invitation for Bids under
PW(R&B) department is published on this website. Any citizen or prospective bidder can logon to this website and
view the Invitation for Bids and can view the details of works for which bids are invited. The prospective bidder can
submit bids online; however, the bidder is required to have enrolment/registration in the website and should have
valid Digital Signature Certificate (DSC) in the form of smart card/e- token. The DSC can be obtained from any
authorized certifying agencies. The bidder should register in the web site www.jktenders.gov.in using the relevant
option available.
Then the Digital Signature registration has to be done with the e-token, after logging into the site. After this, the
bidder can login the site through the secured login by entering the password of the e- token and the user id/
password chosen during registration. After getting the bid schedules, the Bidder should go through them carefully
and then submit the documents as asked, otherwise, the bid will be rejected.
18.2 The completed bid comprising of documents indicated in ITB clause 12, should be Uploaded on the website
given above through e-tendering along with scanned copies of requisite certificates as are mentioned in different
sections in the bidding document and scanned copies of the Bid Document, E-challan/ receipt and Bid Security
Declaration as per format in SBD.
18.3 The bidder shall furnish information as described in the Form of Bid on Commissions or gratuities, if any, paid
or to be paid to agents relating to the Bid, and to contract executionif the bidder is awarded the contract.
19 Electronic Submission of Bids:
19.1 The bidder shall submit online two separate files. Part I, marked as Part I: Technical Qualification Part and Part
II; marked as Part II: Technical- Financial Part. The above files will have markings as given in the Bid Data Sheet.
The contents of the Technical Qualification and Technical Financial bid shall be as specified in clause 12 of the ITB.
All the documents are required to be signed digitally by the bidder. After electronic on line bid submission, the
system generates a unique bid identification number which is time stamped. This shall be treated as
acknowledgement of bid submission.
20 Deadline for Submission of Bids
20.1 Complete Bids in two parts as per clause 19 above must be submitted by the Bidder online not later than the date
and time indicated in the Appendix to ITB.
20.2 The Employer may extend the deadline for submission of bids by issuing an amendment in accordance with
Clause 10.3 of ITB. In such 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.
21 Modification/ Withdrawal/Late Bids
21.1 The electronic bidding system would not allow any late submission of bids afterdue date and time as per server
time.
21.2 Bidders may modify their bids by uploading their request for modification before the deadline for
submission of bids. For this, the bidder need not make any additional payment towards the cost of tender document.
For bid modification and consequential re- submission, the bidder is not required to withdraw his bid submitted
earlier. The last modified bid submitted by the bidder within the bid submission time shall be considered as the bid.
For this purpose, modification/withdrawal by other means will not be accepted. In online system of bid submission,
the modification and consequential- submission of bids is allowed any number of times. The bidders may withdraw
his bid by uploading their request before the deadline for submission of bids; however, if the bid is withdrawn, the
re-submission of thebid is not allowed.
21.3 No bid shall be modified or withdrawn after the deadline of submission of bids.
21.3 Withdrawal or modification of a bid between the deadline for submission of bids and the expiration of the
original period of bid validity specified in clause 15.1 above or as extended pursuant to Clause 15.2 may result in the
forfeiture of the Bid Security pursuant to Clause 16.
22 Bid Opening and Evaluation

22.1 The Employer inviting the bids or its authorized representative will open the bids online and this could be
viewed by the bidders also online. In the event of the specified date for the Opening of bids being declared a holiday
for the Employer, the Bids will be opened at the appointed time and location on the next working day.
22.2 The file containing the Part-I of the bid will be opened first.
22.3 In all cases, the amount of Bid Security, cost of bid documents, and the validity of the bid shall be scrutinized.
Thereafter, the bidders’ names and such other details as the Employer may consider appropriate, will be
notified as Part-I bid opening summary by the Authority inviting bids at the online opening. A separate electronic
summary of the opening isgenerated and kept on-line.
22.4 The Employer will also prepare minutes of the Bid opening, including the information disclosed in accordance
with Clause 22.3 of ITB and upload the same for viewing online.
22.5 Evaluation of Part-I of bids with respect to Bid Security Declaration, qualification information and other
information furnished in Part I of the bid shall be taken up and is expected to be completed within five working days
of the date of bid opening, and a list will be drawn up of the qualified bidders whose Part- II of bids are eligible for
opening.
22.6 The result of Technical evaluation shall be made public on jktenders.gov.in site following which there will be a
period of two working days during which any bidder may submit objections if any in writing to the tender receiving
authority which shall be considered for resolution before financial bid opening.
22.7 The Employer shall inform the bidders, who have qualified technical evaluation, of the date, time of online
opening of financial bids. If the specified date of opening of financial bid is changed, in the event of the specified
date being declared a holiday for the Employer, the bids will be opened at the appointed time and location on the next
working day.
22.8 Financial bids of only those bidders will be opened online, who have qualified in Technical Evaluation.
The bidders’ names, the Bid prices, the total amount of each bid, and such other details as the Employer may
consider appropriate will be notified online by the Employer at the time of bid opening.
2.9 The Employer shall prepare the minutes of the online opening of Financial Bids and upload the same for viewing
online.
23 Process to be confidential
23.1 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 to the successful Bidder has been announced. Any effort by a bidder to influence the
Employer’s processing of bids or award decision may result in the rejection of his bid.
24 Clarification of Bids and contacting the Employer: -
No Bidder shall contact the Employer on any matter relating to its 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 in writing.
24.1 Any attempt by the bidder to influence the Employer’s bid evaluation, bid Comparison or contract
award decision may result in the rejection of his bid.
25 Examination of Bids and Determination of Responsiveness
25.1 During the detailed evaluation of “Technical Bids” the Employer will determine whether each Bid
(a) meets the eligibility criteria as per NIT and SBD.
(b) has been properly signed;
(c) is accompanied by the required securities and;
(d) is substantially responsive to the requirements of the Bidding documents. During the detailed
evaluation of the ‘Financial Bid’ 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.
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
(i) which affects in any substantial way the scope, quality or performance of the works:
(ii) which limits in any substantial way inconsistent with the bidding documents the
Employer’s rights or the bidders obligations under the contract, or
(iii) Whose rectification would affect unfairly the competitive position of other bidderspresenting
substantially responsive bids.
25.2 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.
26 Evaluation and Comparison of Financial Bids
26.1 The Employer will evaluate and compare only the bids determined to be substantiallyresponsive.
26.2 In evaluating the bids, the Employer will determine for each bid the Evaluated Bid price.
26.3 (deleted)
26.4 Unbalanced Bid: (presently not applicable as per Government directions)

26.5 A Bid which contains several items in the Bill of Quantities which are unrealistically which cannot
priced low and be substantiated satisfactorily by the bidder may be rejected as non-responsive.
26.6There should be no post tender negotiation with L1 as per CVC
guidelines. In case L1 backs out, there should be re-tender.
26.70. Integrity Pact (uploading of Integrity pact is mandatory. Not uploading of the same shall
render the bid of the bidder as Non-Responsive)
The Pact essentially envisages an agreement between the prospective vendors/bidders and the buyer,
committing the persons/officials of both sides, not to resort to any corrupt practices in any aspect/stage of
the contract. Only those vendors/bidders, who commit themselves to such a Pact with the buyer, would
be considered competent to participate in the bidding process. In other words, entering into this Pact
would be a preliminary qualification. The essential ingredients of the Pact include:
Page 16 of 60
IPB/IAB
 Promise on the part of the principal not to seek or accept any benefit, which is notlegally
available;
 Principal to treat all bidders with equity and reason;
 Promise on the part of bidders not to offer any benefit to the employees of thePrincipal
not available legally;
 Bidders not to enter into any undisclosed agreement or understanding with otherbidders
with respect to prices, specifications, certifications, subsidiary contracts, etc. Bidders not to pass
any information provided by Principal as part of businessrelationship to others and not to
commit any offence under PC/ IPC Act;
 Foreign bidders to disclose the name and address of agents and representatives inIndia and
Indian Bidders to disclose their foreign principals or associates.
 Bidders to disclose the payments to be made by them to agents / brokers or any other
intermediary;
 Bidders to disclose any transgressions with any other company that may impinge onthe anti
corruption principle.
 Integrity Pact, in respect of a particular contract, shall be operative from the date IP is signed by
both the parties till the final completion of the contract. Any violation of the samewould entail
disqualification of the bidders and exclusion from future business dealings.
Sample of integrity pact agreement is given here under:-
INTEGRITY PACT PWD
To,
………………………..,
………………………..,
………………………..
Sub: NIT No. …………………………………. for the work ……………..... ..............
Dear Sir,
It is here by declared that PWD is committed to follow the principle of transparency, equity and
competitiveness in public procurement.
The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the
Bidder will sign the integrity Agreement, which is an integral part of tender/bid documents, failing
which the tenderer/bidder will stand disqualified from the tendering process and the bid of the
bidder would be summarily rejected.
This declaration shall form part and parcel of the Integrity Agreement and signing of the same shall
be deemed as acceptance and signing of the Integrity Agreement on behalf of the PWD.
Yours faithfully
Executive Engineer
To,
Executive Engineer,
………………………..,
………………………..
Sub: Submission of Tender for the work of …………………… …....……………....
Dear Sir,
I/We acknowledge that PWD is committed to follow the principles thereof as enumerated in the
Integrity Agreement enclosed with the tender/bid document.
I/We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on the condition that
I/We will sign the enclosed integrity Agreement, which is an integral part of tender documents,
failing which I/We will stand disqualified from the tendering process. I/We acknowledge that THE
MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND
ABSOLUTE ACCEPTANCE of this condition of the NIT.
I/We confirm acceptance and compliance with the Integrity Agreement in letter and spirit and
further agree that execution of the said Integrity Agreement shall be separate and distinct from the
main contract, which will come into existence when tender/bid is finally accepted by PWD. I/We
acknowledge and accept the duration of the Integrity Agreement, which shall be in the line with
Article 1 of the enclosed Integrity Agreement.
I/We acknowledge that in the event of my/our failure to sign and accept the Integrity Agreement,
while submitting the tender/bid, PWD shall have unqualified, absolute and unfettered right to
disqualify the tenderer/bidder and reject the tender/bid is accordance with terms and conditions of
the tender/bid.
Yours faithfully
(Duly authorized signatory of the Bidder)

To be signed by the bidder and same signatory competent / authorised to sign the relevant contract
on behalf of PWD.
INTEGRITY AGREEMENT
This Integrity Agreement is made at ............... on this ........... day of ........... 20......
BETWEEN
Lt Governor of Jammu and Kashmir represented through Executive Engineer, ................................. ,
(Name of Division)
PWD, ....................................................................... , (Hereinafter referred as the (Address of Division)
‘Principal/Owner’, which expression shall unless repugnant to the meaning or context hereof include its
successors and permitted assigns)
AND
.............................................................................................................
(Name and Address of the Individual/firm/Company)
through .................................................................... (Hereinafter referred to as the (Details of duly authorized
signatory)
“ Bidder/Contractor” and which expression shall unless repugnant to the meaning or context hereof include
its successors and permitted assigns)
Preamble
WHEREAS the Principal / Owner has floated the Tender (NIT No .................................. ) (hereinafter
referred to as “ Tender/Bid”) and intends to award, under laid down organizational procedure, contract for
...................................................................................................................................... (Name of work)
hereinafter referred to as the “Contract”.
AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the land, rules,
regulations, economic use of resources and of fairness/transparency in its relation with its Bidder(s) and
Contractor(s).
AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this Integrity
Agreement (hereinafter referred to as “ Integrity Pact” or “ Pact”), the terms and conditions of which shall also
be read as integral part and parcel of the Tender/Bid documents and Contract between the parties.
NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the
parties hereby agree as follows and this Pact witnesses as under:
Article 1: Commitment of the Principal/Owner

1) The Principal/Owner commits itself to take all measures necessary to prevent corruption and to observe the
following principles:
(a) No employee of the Principal/Owner, personally or through any of his/her family members, will in connection
with the Tender, or the execution of the Contract, demand, take a promise for or accept, for self or third person,
any material or immaterial benefit which the person is not legally entitled to.
(b) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equity and reason. The
Principal/Owner will, in particular, before and during the Tender process, provide to all Bidder(s) the same
information and will not provide to any Bidder(s) confidential / additional information through which the
Bidder(s) could obtain an advantage in relation to the Tender process or the Contract execution.
(c) The Principal/Owner shall endeavor to exclude from the Tender process any person, whose conduct in the past
has been of biased nature.
2) If the Principal/Owner obtains information on the conduct of any of its employees which is a criminal offence
under the Indian Penal code (IPC)/Prevention of Corruption Act, 1988 (PC Act) or is in violation of the
principles herein mentioned or if there be a substantive suspicion in this regard, the Principal/Owner will inform
the Chief Vigilance Officer and in addition can also initiate disciplinary actions as per its internal laid down
policies and procedures.
Article 2: Commitment of the Bidder(s)/Contractor(s)
1) It is required that each Bidder/Contractor (including their respective officers, employees and agents) adhere to
the highest ethical standards, and report to the Government / Department all suspected acts of fraud or
corruption or Coercion or Collusion of which it has knowledge or becomes aware, during the tendering process
and throughout the negotiation or award of a contract.
2) The Bidder(s)/Contractor(s) commits himself to take all measures necessary to prevent corruption. He
commits himself to observe the following principles during his participation in the Tender process and during the
Contract execution:
a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer, promise or give to
any of the Principal/Owner’s employees involved in the Tender process or execution of the Contract or to any
third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange
any advantage of any kind whatsoever during theTender process or during the execution of the Contract.
b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed agreement or
understanding, whether formal or informal. This applies in particular to prices, specifications, certifications,
subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to
cartelize in the bidding process.
c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act. Further the
Bidder(s)/Contract(s) will not use improperly, (for the purpose of competition or personal gain), or pass on to
others, any information or documents provided by the Principal/Owner as part of the business relationship,
regarding plans, technical proposals and business details, including information contained or transmitted
electronically.
d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and addresses of agents/representatives
in India, if any. Similarly Bidder(s)/Contractor(s) of Indian Nationality shall disclose names and addresses of
foreign agents/representatives, if any. Either the Indian agent on behalf of the foreign principal or the foreign
principal directly could bid in a tender but not both. Further, in cases where an agent participate in a tender on
behalf of one manufacturer, he shall not be allowed to quote on behalf of another manufacturer along with the
first manufacturer in a subsequent/parallel tender for the same item.
e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has made, is
committed to or tends to make to agents, brokers or any other intermediaries in connection with the award of the
Contract.
3) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an
accessory to such offences.
4) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm indulge in fraudulent
practice means a willful misrepresentation or omission of facts or submission offake/forged documents in
order to induce public official to act in reliance thereof, with the purpose of obtaining unjust advantage by
or causing damage to justified interest of others and/or to influence the procurement process to the
detriment of the Government interests.
5) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm use Coercive Practices
(means the act of obtaining something, compelling an action or influencing a decision through intimidation, threat
or the use of force directly or indirectly, where potential or actual injury may befall upon a person, his/ her
reputation or property to influence their participation in the tendering process).
Article 3: Consequences of Breach
Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its
established policies and laid down procedures, the Principal/Owner shall have the following rights in case of
breach of this Integrity Pact by the Bidder(s)/Contractor(s) and the Bidder/ Contractor accepts and undertakes to
respect and uphold the Principal/Owner’s absolute right:
1) If the Bidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression
through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question,
the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the
Bidder(s)/Contractor(s) from the Tender process or terminate/determine the Contract, if already executed or
exclude the Bidder/Contractor from future contract award processes. The imposition and duration of the
exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such
exclusion may be forever or for a limited period as decided by the Principal/Owner.
2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the
Bidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or
has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart
from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion
forfeit the entire amount of Earnest Money Deposit, Performance Guarantee and Security Deposit of the
Bidder/Contractor.
3) Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder or Contractor, or of an
employee or a representative or an associate of a Bidder or Contractor which constitutes corruption within the
meaning of IPC Act, or if the Principal/Owner has substantive suspicion in this regard, the Principal/Owner will
inform the same to law enforcing agencies for further investigation.
Article 4: Previous Transgression

1) The Bidder declares that no previous transgressions occurred in the last 5 years with any other Company
in any country confirming to the anticorruption approach or with Central Government or State Government or
any other Central/State Public Sector Enterprises in India that could justify his exclusion from the Tender
process.
2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the Tender process or
action can be taken for banning of business dealings/ holiday listing of the Bidder/Contractor as deemed fit by the
Principal/ Owner.
3) If the Bidder/Contractor can prove that he has resorted / recouped the damage caused by him and has
installed a suitable corruption prevention system, the Principal/Owner may, at its own discretion, revoke the
exclusion prematurely.
Article 5: Equal Treatment of all Bidders/Contractors/Subcontractors
1) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity
with this Integrity Pact. The Bidder/Contractor shall be responsible for any violation(s) of the principles laid
down in this agreement/Pact by any of its Subcontractors/sub-vendors.
2) The Principal/Owner will enter into Pacts on identical terms as this one with all Bidders and Contractors.
3) The Principal/Owner will disqualify Bidders, who do not submit, the duly signed Pact between the
Principal/Owner and the bidder, along with the Tender or violate its provisions atany stage of the Tender process,
from the Tender process.
Article 6- Duration of the Pact

This Pact begins when both the parties have legally signed it. It expires for the Contractor/Vendor 12 months
after the completion of work under the contract or till the continuation of defect liability period, whichever is
more and for all other bidders, till the Contract has been awarded. If any claim is made/lodged during the time,
the same shall be binding and continue to be valid despite the lapse of this Pacts as specified above, unless it is
discharged/determined by the Competent Authority, PWD.
Article 7- Other Provisions
1) This Pact is subject to Indian Law, place of performance and jurisdiction is the Head quarters of the
Division of the Principal/Owner, who has floated the Tender.
2) Changes and supplements need to be made in writing. Side agreements have not been made.
3) If the Contractor is a partnership or a consortium, this Pact must be signed by all the partners or by one or
more partner holding power of attorney signed by all partners and consortium members. In case of a Company,
the Pact must be signed by a representative dulyauthorized by board resolution.
4) Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact remains
valid. In this case, the parties will strive to come to an agreement to their original intensions.
5) It is agreed term and condition that any dispute or difference arising between the parties with regard to the
terms of this Integrity Agreement / Pact, any action taken by the Owner/Principal in accordance with this
Integrity Agreement/ Pact or interpretation thereof shall not be subject to arbitration.
Article 8- LEGAL AND PRIOR RIGHTS

All rights and remedies of the parties hereto shall be in addition to all the other legal rights and remedies
belonging to such parties under the Contract and/or law and the same shall be deemed to be cumulative and not
alternative to such legal rights and remedies aforesaid. For the sake of brevity, both the Parties agree that this
Integrity Pact will have precedence over the Tender/Contact documents with regard any of the provisions covered
under this Integrity Pact.
IN WITNESS WHEREOF the parties have signed and executed this Integrity Pact at the place and date first
above mentioned in the presence of following witnesses:
...............................................................
(For and on behalf of Principal/Owner)
.................................................................
(For and on behalf of Bidder/Contractor)WITNESSES:
1. ..............................................
(signature, name and address)
2. ...............................................
(signature, name and address)
Place: Dated :
D. AWARD OF CONTRACT
27.0 Award Criteria

27.1 Subject to Clause 28, 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 (a)eligible in Accordance with the provisions of NIT and SBD.
(i) To be within the available Bid Capacity adjusted to account for his bid price which is evaluated the lowest in
any of the packages opened earlier than the one under consideration.
(ii) The work shall not be awarded without proper verification of documents provided by the tenders such as EMD,
BG, Completion Certificate, IT returns etc.
28.0 Employer’s right to accept any Bid and Reject any or all Bids
28.1 Notwithstanding Clause 27 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 award of Contract, without
thereby incurring any liability to the affected bidder or bidders or any obligations to inform the
affected bidder or bidders of the grounds for the Employer’s action.
28.2 The acceptance of tenders shall not be delayed without any justification.
29.0 Notification of Award and signing of Agreement
29.1 The Bidder whose Bid has been accepted will be notified of the award by the employer prior to expiration of bid
validity period by cable, telex or facsimile confirmed by registered letter. This letter (hereinafter and in the Conditions
of Contract called “the Letter of Acceptance”) will state the sum that the Employer will pay the contractor in
consideration of the execution, completion and maintenance of the Works by the Contractor as prescribed by the
Contract. (Hereinafter and in the Contract called “the Contract Price”).
29.2 The notification of award will constitute the formation of the Contract subject only to the furnishing of a
performance security in accordance with provision of clause 30 of ITB.
29.3 The Agreement will incorporate all agreements between the Employer and the successful Bidder. It
will be signed by the Employer and the successful Bidder after the Performance Security is furnished.
29.4 Upon the furnishing by the successful bidder the performance security, the Employer will promptly notify the
other bidders that their bids have been unsuccessful.
30 Performance Security
30.1 Within 15 (fifteen) days after the date of receipt of the Letter of Acceptance, the successful
bidder/contractor shall deliver to the Employer/concerned authority, a Performance Security in the
shape of CDR/FDR/BG for an amount equivalent to 5% of contract price
30.2 If the Performance Security is provided by the successful bidder in the form of a bank guarantee, it shall be issued
by either (a) at the Bidder’s option, by a Nationalized / Scheduled Indian Bank or (b) by a foreign reservation. A
material deviation or reservation is one bank located in India and acceptable to the Employer.
30.3 Failure of the successful bidder to comply with the requirements of Sub-Clause 30.1 of ITB shall constitute
sufficient grounds for cancellation of the award and forfeiture of the Bid Security.
30.4 (Deleted)
31 No Advance Payment whatsoever shall be made by the department to the Contractor.
32 Dispute Review Expert:
The Employer proposes that (Name of the proposed Dispute Review Expert as indicated in the Appendix to ITB)to be
appointed as Dispute Review Expert under the contract at a daily fee as indicated in Appendix plus reimbursable
expenses .If the bidder disagrees with this proposal, the bidder should so state in the bid. If, in the letter of Acceptance,
the Employer has not agreed on the appointment of the Dispute Review Expert, the Dispute Review Expert shall be
appointed by the Council of Indian Road Congress at the request of either party.
33 Corrupt or Fraudulent Practices
33.1 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 with National Highways
Authority of India / State PWD and any other agencies, if it at any time determines that the firm has engaged in
corrupt or fraudulent practices in competing for the contractor,or in execution.
33.2 Furthermore, Bidders shall be aware of the provisions stated in Clause 53.2of the Conditions ofContract.
34. Scope and Specifications
34.1 The scope and specifications of the work shall not be changed without prior approval ofcompetent authority.
APPENDIX TO ITB
1. Name of Employer: Superintending Engineer, PWD (R&B) Circle Baramulla.
2. The last five financial years are (2019-20, 2020-21, 2021-22, 2022-23, 2023-24).
3. (Deleted).
4. Value of work is Rs 265.01 lacs.
5. Liquid assets and/or availability of credit facilities is10% of Adv. Cost. Section 3 (i).
6. Price level of the financial year 2019-20 (base year).
7. The pre-bid meeting will take place at office of Superintending Engineer, PWD (R&B) Circle Baramulla on
14.12.2024
8. The technical bid will be opened in the office of Superintending Engineer, PWD (R&B) Circle Baramulla on
24.12.2024 at 11.00 A.M.
9. Address of the Employer Superintending Engineer, PWD (R&B) Circle Baramulla - 193101
10. Identification of Scheme:
Bid for: Construction of Multi-Purpose Sports Hall GDCW Baramulla. reference No: 94/8645-54/2024-
25/RnB/Bla Dated 07.12.2024. Do not open before 24.12.2024 at 11.00 A.M
11. The bid should be submitted latest by 23.11.2024 at 4.00 P.M (as per e-Bidding)
12. The bid will be opened in the office of Superintending Engineer, PWD (R&B) Circle Baramulla on 24.12.2024
11.00 A.M.
13. CDR/FDR/BG in favour of Superintending Engineer, PWD (R&B) Circle Baramulla Payable at Baramulla.
14. Dispute Review Expert :- T.O to Chief Engineer, PW(R&B) Department North Kashmir
15(a): Performance Security shall be valid until a date 28 days after the expiry of Defect Liability Period of 3 years
after intended date of completion.
15(b) Unbalanced Bid:

(Presently not applicable as per Government directions)
15. Base year for financial turn over : i.e. 2019-20 .

S.No Year before Multiplying factor
1 One 1.08
2 Two 1.17
3 Three 1.26
4 Four 1.36
5 Five 1.47
Escalation factors mentioned above are for working out available bid capacity only (for the cost of works
executed and financial figures arrived thereof to a common base value for works completed in India).
20.6.1.2 QUALIFICATION INFORMATION
Notes on Form of Qualification Information

The information to be filled in by the bidders in the following pages will be used to purposes of post-
qualification as provided for in clause 4of the instructions to Bidders. This information will not be
incorporated in the contract. Attach additional pages as necessary.
For Individual Bidders

1.1 Constitution or legal status of Bidder (attach copy)
Place of registration
Principal place of business
Power of attorney of signatory of Bid
1.2 Financial Turn over achieved on execution of (Rs. in lakhs)

civil engineering constructions works for the last Year 2019-20
five financial years duly certified
by Chartered Accountant and supported with Year 2020-21
TDS, ITR, Profit and Loss statement and Year 2021-22
Balance sheet.** Year 2022-23
Year 2023-24
1.3. Work performed as prime contractor (in the same name & style) on construction civil
works of over the last seven financial years. Attach certificate issued by an officer not
below the rank of Executive Engineer.
Project Name of Description Contract No Value of Date of Stipulated Actual date Remarks
Name the of work contract (Rs issue of Period of of completion explaining
employer in crore) work completion * reasons for
* Order delay & work
completed
1.4 Work performed as sub-contractor (in the same name & style duly supported with an
authority letter regarding approval of sub-contract by the competent authority) on
construction works over the last seven financial years. Attach certificate issued by an officer
not below the rank of Executive Engineer.
Project Name of the Description of Contract No Value of Date of Stipulated Actual date of Remarks
Name employer work contract (Rs issue of Period of completion explaining
* in crore) work completion * reasons for
Order delay & work
completed
**** A certificate of performance evaluation of all such works/commitments in hand on the

part of the bidder issued by the concerned Chief Engineer/Superintending
Engineer/Executive Engineer to the affirmation that the contractual obligations are being
performed satisfactorily without compromise on quality parameters and time lines.
1.5(a) General Construction Experience: Annual Turnover

The applicant should have achieved minimum annual value of general construction work (as certified by Chartered
Accountant, and at least 50(fifty) percent of which is from Civil Engineering construction works carried out in any of
the last five financial years, calculated by applying multiplying factor of 2 shall be used for calculation of available bid
capacity.
However, in case of Road/Bridge works under MoRTH, NABARD and State Sector, the guidelines as circulated by
MoRTH shall apply while as in case of Road/Bridge works under PMGSY, the guidelines as circulated by PMGSY
shall apply.
(b) Particular Construction Experience and Key Production RatesThe applicant should have:
1. Successfully completed or substantially completed similar works during last seven financial years and should
be either of the following:-
i). Three similar completed works costing not less than the amount equal to 40 (forty) percent of the estimated
cost;
or
ii). Two similar completed works costing not less than the amount equal to 50 (fifty) percent of the estimated
cost;
or
iii). One similar completed work costing not less than the amount equal to 80 (eighty) percent of the estimated
cost;
2 Substantial completions shall be based on 80 (eighty) percent (value wise) or more works completed under the
contract. For contracts under which the applicant participated as a joint venture member or sub-contractor, only
the applicant’s share, by value, shall be considered to meet this requirement. For arriving at cost of similar
work, the value of work executed shall be brought to current costing level by enhancing the actual value of
work at simple rate of 7% (seven) per financial year.
shall apply.
For this a certificate from employer shall be submitted along with the application incorporating clearly the name of the
work, contract value, billing amount, date of commencement of works, actual date of completion of work, satisfactory
performance of the contractor and any other relevant information.
Existing commitments and ongoing construction works:-
Description of Place & Contract No. Name & Value of Stipulated Value of Anticipated date of
Work State & date address of contract (Rs Period of works completion
Employer in lakhs) completion remaining to
be completed
(Rs. in lakhs)
1 2 3 4 5 6 7 8
Enclose certificate(s) issued by an officer not below the rank of Executive Engineer.
1.6 Availability of Major items of Contractor’s equipment proposed for carrying out the Works. List all information
requested below. Refer also to Clause 4.5(a) and 4.5(b) of the ITB.
Item of Equipment Description, make, Condition (new, good, Owned, leased (from
and age (years), and poor) and number whom?) or to be
capacity available purchased.
Financial reports for the last five financial years:- balance sheets, profit and loss statements, ITRs, auditors reports etc.
List below and attach copies
1.9 Name, address, and telephone, telex, and facsimile numbers of banks that may provide references if contacted by the
Employer.
1.10 Information on current litigation in which the Bidder is involved

Name of other party(s) Cause of dispute Litigation where Amount involved (Rs. In
(Court/arbitration) lakh)
1.11 Proposed work method and schedule. The Bidder should attach descriptions, Drawings and charts as necessary to
comply with the requirements of the Bidding documents.
1.12 Applicants who meet the minimum qualification criteria will be qualified only if there available bid capacity at the
expected time of bidding is more than the total estimate cost of the works. The available bid capacity will be calculated
as under:-
Available Bid capacity = (AxNxM-B)
A = Maximum value of c i v i l engineering constructions works executed in any one financial year during the last
five years ( updated to the current price level of the year indicated in appendix to ITB clause 16) taking into account the
completed into as well as works in the progress;
N = Number of years prescribed for completion of the work in question
B = Value of existing commencements and on-going works to be completed during the next ‘N’ years.
M= Multiplying factor 2.50
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.
The item of work for which data is requested should tally with that specified in ITB clause
4.6 Qualification and experience of technical/key personnel required for administration and execution of the Contract
[Ref. Clause 4.5 (b)]. Attach biographical data refer also to sub Clause 4.5 (h) of instructions to Bidders.
Position Name Qualification Year of Experience Years of experience in civil

(General) work
1.14 Evidence of access to financial resources to meet the qualification requirements in terms of lines of credit, etc.
List them below and attach copies of the same.
1.15 Quality Assurance Programme (to be framed in accordance with the requirements/guide lines/manual uploaded on
departmental website.
2.0 Additional Requirements

2.1 Bidders should provide any additional information required to fulfill the requirements of Clause 4 of the Instructions
to the Bidders, if applicable.
Affidavit on correctness of information.
Undertakings
2.2 (A) Pre-qualification criteria:

2.2.1 General Construction Experience: Annual Turnover
The applicant should have achieved minimum annual value of general construction work (as certified by Chartered
Accountant, and at least 50(fifty) percent of which is from Civil Engineering construction works carried out in any of
the last five financial years, calculated by applying multiplying factor of 2 may be used for calculation of available bid
capacity.
shall apply.
2.3 Particular Construction Experience and Key Production RatesThe applicant should have:
Successfully completed or substantially completed similar works during last seven financial years and should be
either of the following:-
i). Three similar completed works costing not less than the amount equal to 40
(forty) percent of the estimated cost;
or
ii). Two similar completed works costing not less than the amount equal to 50
(fifty) percent of the estimated cost;
or
iii). One similar completed work costing not less than the amount equal to 80
(eighty) percent of the estimated cost;
2.4 Substantial completions shall be based on 80 (eighty) percent (value wise) or more works completed under the
contract. For contracts under which the applicant participated as a joint venture member or sub-contractor, only the
applicant’s share, by value, shall be considered to meet this requirement. For arriving at cost of similar work, the
value of work executed shall be brought to current costing level by enhancing the actual value of work at simple
rate of 7% (seven) per financial year.
shall apply.
.
2.5 Financial Position:-
The applicant should demonstrate that he has excess to credit facilities of not less than 10% of the value of the
contract/ contracts applied for.
The audited balance sheets for the last five financial years should be submitted, which must demonstrate the
soundness of the applicant’s financial position, showing long term profitability including and estimated financial
projection for the next two years. If necessary, the employer will make inquires with the applicant’s bankers.
2.6 Litigation History:-
The Applicant should provide accurate information on any litigation or arbitration resulting from contracts
completed or under execution by him over the last five years. A consistent of awards against the applicant or any
partner of a joint venture may result in failure of the applicant.
2.6.1 Joint Venture:- (Applicable for the works costing Rs.15.00 Crores and above in J&K UT). If the bidder is
Joint Venture must fulfill the following minimum qualification requirement:-
i. Qualifying factors to be met collectively:
(i) annual turnover from construction; (ii) particular construction experience and key productionrates; (iii)
construction cash flow for the subject contract; (iv) personnel capabilities; and (v)equipment capabilities;
2. Qualifying factors for lead partner:
(i) Annual Turnover from Construction; (ii) particular construction experience; (iii) financial capability to meet
cash flow requirement of subject contract not less than of 50 (fifty) per cent of the respective limits prescribed in
case of individual contractors may be accepted;
(iii) adequate sources to meet financial commitments on other contracts;
(iv) financial soundness;
3. Qualifying factors for junior partner: Same as for lead partner except that for the factors specified
in (2) (iii) above, a lower limit of 25 (twenty-five) per cent will be accepted instead of 50 (fifty) per cent.
Provisions required to be Included in the Joint Venture Agreement
If the application is made by a Joint Venture of two or more firms ,the evidence of clear mandate ( i,e. in
the form of respective Board Resolution duly authenticated by competent authority)by such two or more
firms willing to form Joint Venture among themselves for the specified projects should accompany duly
recognizing their respective authorized signatories signing for and on behalf of respective firms for the
purpose of forming the Joint Venture .A certified copy of the power of attorney to the authorized
representatives, signed by legally
authorized signatories of all the firms of the Joint Venture shall accompany the application. The JV
Agreement shall need to be submitted consisting but not limited tothe following provisions.
a) Name, Style and Project(s) specified JV with Head Office address

b) Extent (or Equity)for participation of each party in the JV
c) Commitment of each party to furnish the Bond money (i.e. Bid, security, performance security) to the
extent of his participation in the JV.
d) Responsibility of each Partner of JV (in terms of Physical and Financialinvolvement)
e) Working Capital arrangement.
f) Operation of separate Bank Account in the name of JV to be operated by both thepartners.
g) Provision for cure in case non-performance of responsibility by any party of the J.V
h) Provision that NEITHER party of the JV shall be allowed to sign, pledge, sell or otherwise dispose
of all or part of its respective interests in JV to any party including existing partner(s) of the JV .The
Employer derives right for any consequent action (including blacklisting) against any or all JV partners in
case of any breach in this regard .
i) Management Structure of JV with details.
j) Lead Partner to be identified who shall be empowered by the JV to incur liabilities on behalf of JV.
k) Parties/firms committing themselves to the Employer for jointly and severally

responsible for the intended works.
l) The Joint Venture (JV) Agreement shall be Notarized. However if the JV partner are assessed as first
lowest (L1) they shall furnish JV Agreement duly registered by First class Munsiff before letter of
acceptance of bid (LOA) is issued in their favour.
m) Any other relevant details.

20.6.1.2 GENERAL CONDITIONS OF CONTRACT
A. GENERAL
1. Definitions
1.1 Terms which are defined in the Contract Data are not also defined in the Conditions of Contract but keep
their defined meanings. Capital initials are used to identify defined terms. The Adjudicator (synonymous with
Dispute Review Expert) is the person appointed jointly by the employer and the Contractor to resolve disputes
in the first instance, as provided for in Clauses 24 and 25. The name of the adjudicator is defined in the
contract Data.
Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid. The Completion
Date is the date of completion of the Works as Certified by the Engineer inaccordance with the clause 49.
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.
The Contract Data defines the documents and other information which comprise the Contract. The Contractor
is a person or corporation body whose Bid to carry out the works has been accepted by the Employer.
The Contractor’s Bid is the completed Bidding document submitted by the contractor to the
Employer and includes Technical & Financial -Bids.
The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjustedin accordance with
the provision of the Contract.
Days are calendar days; months are calendar months. A Defect is any part of the works not completed in
accordance with the Contract.
The Defects Liability Period is the period named in the Contract Data and the CompletionDate.
The Employer is the party who will employ the Contractor to carry out the Works. 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, administering the Contract,
certifying payments due to the Contractor, issuing and valuing Variations to the Contract, awarding extension
oftime, and valuing the Compensation events.
Equipment is the Contractor’s machinery and vehicles brought temporarily to the Site to
construction the works.
The Initial Contract Price is the Contract Price Listed in the Employer’s Letter of Acceptance. The 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 engineer by issuing an extension of time. Materials are all supplies, including consumables, used
by the contractor for incorporation in the Works.
Plant is any integral part of the Works, which is to have a mechanical, electrical, electronic, or chemical or
biological function.
The Site is the area defined as such in the contract Data.
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.
Specification means the Specification of the works included in the contract and any modification or addition
made or approved by the Engineer.
The Start Date is given in the Contract Data. It is the data when the Contractor shall commence
execution of the works. It does not necessarily coincide with any of the Site possession dates. A subcontractor
is a person or corporate body who has a contract with the contractor to carry out part of the work in the
contract, which includes works on the site.
Temporary Works are works designed, constructed, installed, and removed by the Contractor which are
needed for construction or installation of the works.
The Works are what the Contract requires the contractor to construct, install, and turnover to the Employer, as
defined in the contract Data.
2. Interpretation
In interpreting these conditions of Contract, singular also means plural, male

also means female or neuter, and the other way around. Heading have no significance. Words have their
normal meaning under the language of the Contract unless specifically defined. The Engineer will provide
instructions clarifying queries about the Conditions ofcontract.
2.1 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).
2.2 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 and
(i) Any other document listed in the Contract Data as forming part of the Contract.
3. Language and Law
3.1 The language of the Contract and the law governing the Contract are stated in the contractData.
4. Engineer’s Decisions
4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters between the Employer
and the Contractor in the role representing the Employer.
5. Delegation
5.1 The engineer may delegate any of his duties and responsibilities to other people except to the Dispute Review
Expert after notifying the Contractor and may cancel any delegation after notifying the Contractor.
6. Communications
6.1 Communications between parties, which are referred to in the conditions, are effective onlywhen in writing. A notice
shall be effective only when it is delivered (in terms of Indian Contract Act
7. 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 referred to in the Contract Date,
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.
8 Personnel
8.1 The Contractor shall employ the key personnel named in the Schedule of Key Personnel as referred to in the
Contract Data to carry out the function 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
experiences are substantially equal to or better than those of the personnel listed in the Schedule.
8.2 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 working the Contract.
9. Employer’s and Contractor’s Risks
9.1 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.
10. Employer’s Risks
10.1 The Employer is responsible for the excepted risks which are (a) in so far as they directly affect the execution of
the works in the Employer’s country, 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
employee’s), and contamination from any nuclear fuel or nuclear waste or radioactive toxic explosive, or(b)
a cause due solely to the design of the works, other than the Contractor’s design.
11. Contractor’s Risks
11.1 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.
12. Insurance:
12.1. The Contractor shall provide, in the joint names of the Employer and the Contractor, insurance cover from
the start date to the end of the Defects Liability Period, in the amounts anddeductibles stated in the contract Data for the
following events which are due to the Contractor’s risks:
a) loss of or damage to the works, Plant and Materials;
b) loss of or damage to Equipment; loss of or damage of property (except the works, Plant,
Materials and Equipment) in connection with the Contract; and personal injury or death.
12.2 Policy and certificates for insurance shall be delivered by the Contractor to the engineer for the Engineer’s
approval before the Start Date. 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.
12.3 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.
12.4 Alterations to the terms of insurance shall not be made without the approval of the Engineer.
12.5 Both parties shall comply with any conditions of the insurance policies.
Site Investigation Reports
13.1 The Contractor, in preparing the Bid, shall rely on any site Investigation Reports referred to in the Contract Data,
supplemented by any information available to the Bidder.
Queries about the Contract Data
14.1 The Engineer will clarify queries on the Contract Data.
Contractor to Construct the Works

15.1 The Contractor shall construct and install the works in accordance with the Specificationsand Drawings.
The Works to be completed by the Intended Completion Date
16.1 The Contractor may commence execution of the Works on the Start Date and shall carryout 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.
Approval by the Engineer
17.1 The Contractor shall submit specifications and Drawings showing the proposed Temporary Works to the Engineer,
who is to approve them if they comply with the Specifications and Drawings.
17.2 The Contractor shall be responsible for design of Temporary Works.
17.3The Engineer’s approval shall not alter the Contractor’s responsibility for design of the
temporary Works.
17.4 The contractor shall obtain approval of third parties to the design of the Temporary Workswhere required.
17.5 All Drawings prepared by the Contractor for the execution of the temporary works, are subject to prior approval by
the Engineer before their use
Safety
18.1 The Contractor shall be responsible for the safety of all activities on the Site.
18.2 Safety helmets to be used by engineers on site as well as work men/construction personnel’s. It has to be made
mandatory for the contractor in contract to provide the necessary safety helmets to both skilled/unskilled work force.
The contractor should also provide safe drinking water and toilet facilities to the labours etc besides covered
enclosures for having lunch/refreshments.
19. Discoveries
19.1 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.
20. Possession of the Site
20.1 The Employer shall provide adequate Site to the Contractor to start and carry out his construction activity.
21. Access to the Site
21.1 The Contractor shall allow the Engineer and any person authorized by the Engineer 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.
22. Instructions
22.1 The Contractor shall carry out all instructions of the Engineer, which comply with the applicable where the site
is located.
22.2 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.
23. DISPUTES:
23.1 If the contractor believes that the decision taken by the Engineer was either outside the authority give to the
Engineer by the contract or that the decision was wrongly taken, the decision shall be referred to the Dispute Review
Expert within 14 days of the notification of Engineer’s decision.
24. Arbitration:
24.1 The Arbitration shall be conducted in accordance with the Arbitration procedure stated in the Special
Conditions of the Contract.
25. Replacement of Dispute Review Expert:
25.1 Should the Dispute Review Expert resign or die, or should the Employer and the Contractor agree that the
Dispute Review Expert is not fulfilling his functions in accordance with the provisions of the contract; a new Dispute
Review Expert will be jointly appointed by the Employer and the Contractor. In case of disagreement between the
Employer and the Contractor, within 30 days, the Dispute Review Expert shall be designated by the appointing
authority designated in the Contract Data at the request of either party, within 14 days of receipt of such request.
B- TIME CONTROL
26. Programme
26.1 Within the time stated in the Contract Data the Contractor shall submit to the Engineer for approval a
Program showing the general methods, arrangements, order, and timing for all the activities in the works along with
monthly cash flow forecast.
26.2 An update of the Programme shall be a program showing the actual progress achieved on each activity and the
effect of the 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 ofthe activities.
26.3The Contractor shall submit to the Engineer, for approval, an updated Program 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.
26.4 The Engineer’s approval of the Programme shall not alter the Contractor’s obligations. The Contractor may
revise the Programme and submit it to the Engineer again at anytime. A revised Programme is to show the effect of
Variations and Compensation Events.
27 Extension of the Intended Completion Date
27.1 The Engineer 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.
27.2 The Engineer 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.
27.3 The Engineer shall within 14 days of receiving full justification from the contractor for extension of Intended
completion date refer to the employer his decision. The employer shall in not more than 21 days communicate to the
Engineer the acceptance or otherwise of the engineer’s decision.
28. Delays Ordered by the Engineer
28.1 The Engineer may instruct the Contractor to delay the start or progress of any activity within the Works.
29 Management Meetings
29.1 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.
29.2 The Engineer shall record the business of management meetings and is to provide copies of this record to those
attending the meeting and to the Employer. The responsibility of the parties for 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.
30. Early Warning
30.1 The Contractor is to warn the Engineer at the earliest opportunity of specific likely future events or
circumstances that may adversely affect the quality of the work, increases the Contract Price or delay the execution of
works. The Engineer may require the Contractor to provide an estimate of the expected effect of the future event or
circumstance on the Contract Price and Completion Date. The estimate is to be Provide by the Contractor as soon as
reasonably possible.
30.2 The Contractor shall cooperate with the Engineer in making and considering proposal 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.
C. QUALITY CONTROL
31. Quality Assurance Programme (For Works Valuing Rs.10.00 crores and Above)
The Contractor shall prepare and submit a quality control plan/mechanism (Quality Assurance Plan” or “QAP”) and
make all necessary arrangements to ensure its compliance. Having regard to the requirement of the project, Quality
assurance plan shall be devised by taking into consideration the quality assurance manual/ guide which is available on
the web site of PW(R&B) Department of Chief Engineer(s) Jammu/ Kashmir; this manual or guide can also be availed
from the office of Chief Engineer Jammu/ Kashmir; District Superintending Engineers and Executive Engineers.
While submitting the bid, the bidder along with other documents shall submit Quality Assurance Plan (QAP)as per the
clause 4.1 and 4.3(p)of ITB. However a final QAP shall be framed by the successful bidder after the allotment of work.
The Engineer –in charge shall convey its comments to the contractor within a period of 21 days of receipt of the QAP
after the allotment of work, stating the modifications, and the contractor shall incorporate those in the QAP to the extent
required for conforming with the provisions of Quality Assurance manual/guide, which shall be approved by the
competent authority and treated as inseparable part of agreement to be signed between the contractor and the
department.
32. Tests
32.1 If the Engineer-in-Charge instructs the contractor to carry out a test not specified in the specification to check
whether any work has a defect and the test Confirms the defect, then the contractor shall have to pay for the tests and the
defective work shall have to be dismantled and reconstructed in accordance to the IRC/MOST/BIS/PWD/NBO Specifications
as applicable.
The Engineer in-charge of site shall ensure / will certify that the lab has been established & tests performed.
The contractor will furnish documentary proof of procurement of materials like cement, steel and other equipment and goods
to the engineer in-charge. This will include original vouchers for all quantities in lieu of purchase of materials/ equipments etc
from the original manufacturer or authorized dealer/distributor to the satisfaction of engineer in-charge for ascertaining
genuineness of materials. Attested copy of such material shall be submitted along with the bills.
No extra payment on account of quality control measures shall be paid to the contractor
33. Identifying Defects
33.1 The Engineer shall check the Contractor’s work and notify the Contractor of any Defects that are found. Such
checking shall not affect the Contractor’s responsibilities. The Engineer may instruct the Contractor to search for a Defect
and to uncover and test any work at site.
34. Correction of Defects
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.
35. Uncorrected Defects
35.1 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.
D. COST CONTROL
36. Bill of Quantities
36.1 The Bill of Quantities shall contain items for the Construction, Installation, testing, and commissioning work to
be done by the Contractor.
36.2 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the quantity of the
work done at the rate in the Bill of Quantities for each item.
36.3. Cash Flow forecasts
36.4 When the Programme is updated, the contractor is to provide the Engineer with an updated cash flow forecast.
37. Payment Certificate
37.1 The Contractor shall submit to the Engineer monthly statements of the estimated value of the work completed
less the cumulative amount certifiedpreviously.
37.2 The Engineer shall check the Contractor’s monthly statement within 14 days and certify the amount to be paid
to the Contractor after taking into account any credit or debit the month inquestion in respect of materials for the works
in the relevantamounts.
37.3 The value of work executed shall be determined by theEngineer.
37.4 The value of work executed shall comprise the value of the quantities of the items in the Bill of quantities
completed.
37.5 The value of work executed shall include the valuation of variations and Compensation Events.
37.6 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.
38. Payments
38.1 Payments shall be adjusted for deductions for advance payments, retention, other recoveries in terms of the
contract and taxes, at source, as applicable under the law.
38.2 Items of the works for which no rate or price has been entered in will not be paid forby the Employer and shall
be deemed covered by other rates and prices in the Contract.
39. Tax
The rates quoted by the Contractor shall be deemed to be inclusive of all taxes including
GST (SGST AND CGST) that the Contractor will have to pay for the performance of this Contract up to the
completion. The Employer will perform such duties in regard to the deduction of such taxes at source as per applicable
law from time to time.
40. Currencies
All Payments shall be made in Indian Rupees.
41. Price Adjustment

The rates quoted by the contract shall be deemed to include price escalation uptocompletion of project.
42. Retention
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.
42.1 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 this period have beencorrected.
42.2 On completion of the whole works the contractor may substitute retention money with an
“on demand” Bank guarantee.
43. Liquidated Damages:
43.1 In the event of failure on part of the Contractor to achieve timely completion of the project including any extension
of time granted under clause 27,he shall ,without prejudice to any other right or remedy available under the law to the
Employer on account of such breach, pay as agreed Liquidated Damages to the Employer and not by way of penalty in a
sum calculated at the rate per week or part thereof as stated in the Contract Data .For the period that the completion date
is later then the intended completion date ,Liquidated Damages at the same rate shall be withheld if the Contractor fails
to achieve the Mile Stones prescribed in the Contract Data .However, in case the Contractor achieves the next mile
stone ,the amount of the Liquidated Damages already withheld shall be restored to the Contractor by adjustment in the
payment certificate. Both the parties expressly agree that the total amount of Liquidated Damages shall not exceed 10%
of initial contract price and that the Liquidated Damages payable by the Contractor are mutually agreed genuine pre-
estimated loss and without any proof of actual damage likely to be suffered and incurred by the Employer, and the
Employer is entitled to receive the same and are not by way of penalty.
The Employer may, without prejudice to any other method of recovery, deduct the amount of such damages from any
sum due, or to become due to the Contractor or from performance security or any other dues from Government or Semi-
Government body within the State.
The payment or deduction of such damages shall not relieve the Contractor from his obligations to complete the works,
or from any other of his duties, obligations or responsibilities under the contract. The Contractor shall use and continue
to use his best endeavors to avoid or reduce further delay to theworks, or any other relevant stages.
43.2 If the intended completion date is extended after Liquidated Damages have been paid, the Engineer shall correct
any such payment of Liquidated Damages by the Contractor by adjusting the next payment certificate.
43.3: It is agreed by the contractor that the decision of the Employer as to the Liquidated Damages payable by the
Contractor under this clause shall be final and binding,
44. BONUS – The bidder who has successfully completed three CRF works within the
Prescribed time over the last five years shall be rewarded with the multiplying factor of 2.75 instead of 2.5 for
ascertaining the available bid capacity of the bidder during the technical evaluation of his bid. The bidder to this effect
shall furnish the completion certificates of works issued by an officer not below the rank of Executive Engineer or
equivalent.
45. Secured Advance (not applicable)
46. Securities
46.1 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 Employer, and
denominated in Indian Rupees. The performance Security shall be valid until a date 28 days from the date of expiry of
Defects Liability Period and the additional security for unbalanced bids shall be valid until a date 28 days from the date
of issue of the certificate of completion.
47. Cost of Repairs
47.1 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 period shall be remedied by the contractor at the contractor’s cost, if the loss or damage arises from
the contractor’s acts or omissions.
E. FINISHING THE CONTRACT

48 Completion
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.
49 Taking Over
49.1 The Employer shall take over the Site and the works within seven days of the Engineer issuing a certificate of
Completion.
50. Final Account
50.1 The Contractor shall supply to the Engineer a detailed account of the total amount that theContractor 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
accounts if it is correct and complete. If it is not, the Engineer shall issue within 56 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 Engineer shall decide on the amount payable to the Contactor and issue a payment certificate, within 56 days of
receiving the Contractor’s revised account.
51. Operating and Maintenance Manuals
59.1 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.
59.2 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 Engineer’s approval, the Engineer’s approval, the Engineer shall withhold the amount stated in the
Contract Data from payment due to the Contractor.
52. Termination
52.1 The Employer may terminate the contract if the contractor causes a fundamental breach ofthe Contract.
52.2 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 theEngineer;
(b) The contractor is declared bankrupt or goes into liquidation other than for approved reconstruction or
amalgamation;
c) If the contractor fails to deploy machinery and equipment or personnel as specified in the Contract Data or
Appendix to ITB at the appropriate time.
(d) The Engineer gives Notice that failure to correct a particular Defect is fundamental breach of Contract and the
Contractor fails to correct it within a reasonable period of time determined by the Engineer;
(e) The Contractor does not maintain a security, which is required;
(f) The Contractor has delayed the completion of works by the number of days for which themaximum amount of
liquidated damages becomes payable as defined in the Contract data;
(g) If the Contractor, in the judgment of the Employer has engaged in corrupt or fraudulent practices in competing
for or in the 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 to influence a procurement process or the execution of a contract
to the detriment of the Borrower, and includes collusive practice amount 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”.
52.3 When the Employer gives notice of a breach of contract to the contractor fora cause other than those listed under
Sub Clause 53 above, the Engineer shall decide whether the breach is fundamental or not.
52.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.
52.5 If the Contract is terminated the Contractor shall stop work immediately, make the Site safeand secure and leave the
site without shifting any equipment as soon as reasonably possible.
53. Payment upon Termination
53.1 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 less Liquidated damages, 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. . If the
amount due to the Employer exceeds any payment due to the Contractor the difference shall be adept payable to the
Employer
53.2 If the Contract is terminated at the Employer’s convenience or because of a fundamental breach of Contract by the
Employer, the Engineer shall issue a certificate for the value of the work done, the reasonable cost of 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 less other recoveries due in terms of the contract and less taxes due to be deducted at
sources as per applicable law.
54 Property
54.1 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 defaulted.
55. Release from Performance
55.1 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
55.2 Death or permanent invalidity of the contractor: the contractor shall indicate nominee for the contract at the time of
signing of the agreement. If the contractor dies during currency of the contractor or becomes permanently incapacitated,
and his/her nominee are not willing to complete the contract, the contract shall be closed without levying any
damages/compensation.
However, if the nominee expresses his/her intention to complete, the balance work and the competent authority
is satisfied about the competence of nominee, then the competent authority shall enter into a fresh agreement for the
remaining work strictly on the same terms & conditions under which the contract was initially awarded.
20.6.1.4 SPECIAL CONDITIONS OF CONTRACT
1. LABOUR
The contractor shall, unless otherwise provided in the contract, make his own arrangements forthe 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 thesite and such there information as the Engineer may require.
2. COMPLIANCE WITH LABOUR REGULATIONS
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, regulation, notifications and bye laws of the State or Central Government of
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 Central Government or the local authority. Salient
features of some of the major labour laws that are applicable to 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/byelaws/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 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 employer of the contractor and the Sub- Contractor in no case shall be treated as the
employees of the employer at any point of time.
SALIENT FEATURES OF SOME MAJOR LABOUR LAWS APPLICABLE TO

ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER CONSTRUCTIONWORK.
a) Workmen Compensation Act 1923: The Act provides for compensation in case ofinjury 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(ii) Deposit linked insurance on the death in
harness of the worker. (iii) Payment of P.F. accumulation on retirement/death etc.
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 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) Minimum Wages Act 1948: The employer is supposed to pay not less than the minimum wages fixed by
appropriate government as per provisions of the Act if the employment is a scheduled employment. Construction of
buildings, roads, and runways are scheduled employments.
g) Payment of Wages Act 1936: It lays down as to by what date the wages are to be paid, when it will be paid
and what deductions can be made from the wages of the workers.
h) Equal Remuneration Act 1979: The Act provides for payment of equal wages for work of equal nature to
Male and Female workers and for not making discrimination against Female employees in the matters of transfers,
training and promotions etc.
i) Payment of Bonus Act 1965: The Act is applicable to all establishments employing 20 or more employees.
The Act provides for payments of annual bonus subject to minimum of 8.33% of wages and maximum of 20% of wages
to employees drawing Rs.3500/- per month or less. The bonus to be paid to employees getting Rs. 2500/- per month or
above upto 3500/- per month shall be worked out by taking wages as Rs.2500/- per month only. The Act does not apply
to certain establishments. The newly setup establishments are exempted for five years in certain circumstances. Some
of the State Governments have reduced the employment size from 20 to 10 for the purpose of applicability of this Act.
j) 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 become illegal and what are the requirements for laying off or
retrenching the employees or closing down the establishment
k) Industrial Employment (Standing Orders) Act 1946: It is applicable to all establishments employing 100 or
more workmen (employment size reduced by some of the State and Central Government to 50). The Act provides for
laying down rules governing conditions of employment by the employer on matters provided in the Act and get the
same certified by the designated Authority.
l) 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
criminalliabilities.
m) 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 ofemployment of children in all other
occupations and processes. Employment of Child Labour is prohibited in Building and ConstructionIndustry.
n) Inter-State Migrant workmen’s (Regulation of Employment & Conditions of Service) Act 1979: The
Act is applicable to an establishment, which employs 5 or more inter-state
migrant workmen through an intermediary (who has recruited workmen in one state for employment in the
establishment situated in another state). The Inter-State migrant workmen, in an establishment to which this Act
becomes applicable, are required to be provided certain facilities such as housing, medical aid, travelling expenses
from home upto the establishment andback, etc.
o) The Building and Other Construction workers (Regulation of Employment and Conditions of
Service) Act 1996 and the Cess Act of 1996: All the establishments who carry on any building or other
construction work and employs 10 or more workers are covered under this Act. All such establishments are required
to pay cess at the rate not exceeding 2% of the cost of construction as may be modified by the Government. The
employer of the establishment is required to provide safety measures at the Building or construction work and other
welfare measures, such as Canteens, First-Aid facilities, Ambulance, Housing accommodation for workers near the
work place etc. The Employer to whom the Act applies has to obtain a registration certificate from the Registering
Officer appointed by the Government.
p) 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 manufacturingprocess.
ARBITRATION (GCC CLAUSE 24 and 25)
The procedure for Arbitration will be as follows:
Any Dispute or difference arising between the department and contractor shall be dealt in accordance with J&K
Arbitration Act in vogue.
(a) In case of Dispute or difference arising between the Employer and a domestic contractor relating to any matter
arising out of or connected with the agreement ,such disputes or difference shall be settled in accordance with the
Arbitration and Conciliation Act 1996.The parties shall make efforts to agree on a sole Arbitrator and only if such
an attempt does not succeed then the Arbitral Tribunal consisting of 3 Arbitrators one each to be appointed by the
Employer and the contractor and the third Arbitrator to be chosen by the two Arbitrators so appointed by the parties
to act as presiding Arbitrator, shall be considered. ,In case of failure of the two Arbitrators appointed by the parties
to reach upon a consensus within a period of 30 days from the appointment of the Arbitrator appointed
subsequently, the Presiding Arbitrator shall be appointed by the Council ,Indian Road Congress.
b) The Arbitral Tribunal shall consist of three Arbitrators one each to be appointed by the Employer and the
Contractor. The third Arbitrator shall be chosen by the two Arbitrators so appointed by the parties, and shall act as
Presiding Arbitrator. In case of failure of the two Arbitrators appointed by the parties to reach upon a consensus
within a period of 30 days from the appointment of the Arbitrator appointed subsequently, the Presiding Arbitrator
shall be appointed by the Council, Indian Road Congress.
c) If one of the parties fails to appoint the Arbitrator in pursuance of sub-clause (a) and (b) above within 30 days
after receipt of notice of appointment of its Arbitrator by the other party, then the Council of Indian Road Congress
shall appoint the Arbitrator. A certified copy of the order of the Council of Indian Road Congress making such
appointment shall be furnished to each of the parties.
d) Arbitration proceedings shall be held at Srinagar/Jammu , India and the language of the arbitration
proceeding and that of all documents and communications between the parties shall be English.
e) The decision of the majority of Arbitrators shall be final and binding upon both the parties .The cost and
expenses of Arbitration proceedings will be paid as determined by the Arbitral Tribunal. However, the expenses
incurred by each party in connection with preparation, presentation etc. of its proceedings as also the fee and expenses
paid to the Arbitrator appointed by such party or on its behalf shall be borne by each party itself.
f) Performance under the contract shall continue during the arbitration proceedings and payments due to
the contractor by the owners shall not be withheld, unless they are the subject matter of thearbitration proceedings.
20.6.1.5. CONTRACT DATA
Items marked “N/A” do not apply in this contract.

1. The Employer is
Name: Superintending Engineer, PWD (R&B) Circle Baramulla

Address: Baramulla - 193101
Name of authorized representative Executive Engineer R&B Division Baramulla
2. The Engineer is Executive Engineer, R&B Division Baramulla Name of authorized Representative:
3. The Dispute Review as per Arbitration (GCC) Clause25.
4. The defects liability period is 03Years from the actual date of completion
5. The start date shall be seven days from the date of issue of the notice to proceed with the work.
6. The completion date for the whole of the works is_365days with the following milestones.
Milestone dates:
Milestone to be achieved during the contract period.
1/8th of the value of entire contract upto 1/4th of the period allowed for completion of construction. 3/8th of the value of
entire contract upto ½ of the period allowed for completion of construction.
3/4th of the value of entire contract upto 3/4th of the period allowed for completion of contraction.Rest of the work within
the remaining time period.
7. The site is located in District Baramulla.
B. Amount of liquidated damages for delay in completion of work--------------------For whole of work 1% of the
initial contract price, rounded off to the nearest thousand, per week.
C. Maximum limit of liquidated damages for delay in completion - 10% of the initial contract price of work rounded off
to the nearest
8. The name and identification number of the contract is: Construction of Multi-Purpose Sports Hall
GDCW Baramulla.
9. The works consist of Construction of Multi-Purpose Sports Hall GDCW Baramulla. The work
shall, inter-alia, include the following as specified or as directed. ------
(A) Road works

Site clearance; setting out and layout; widening of existing carriageway and strengthening including camber correction;
construction of new road/ parallel service road ; bituminous pavement remodeling /construction of junctions,
intersections, bus bays, lay byes; supplying and placing of drainage channels, flumes, guards post and guard other
related items; construction/ extension of cross drainage works bridges, approaches and other related stones; road
markings, road signs and kilometre /hector meter stones; protective works for roads/ bridges; all aspects of quality
assurance of various components of the works; rectification of the defects in the completed works during the Defects
liability period; submission of “As built” drawings and any other related documents; and other item of work as may be
required to be carriage out for completing the works in accordance with the drawings and provisions of the ensure
safety.
(B) Bridge works

Site clearance; setting out, provision of foundations, piers, abutments and bearings; pre-stressed
/reinforced cement concrete superstructure; wearing coat, hand railings expansion joints approach slabs, drainage
spouts/ down take pipes arrangements for fixing light posts, water mains, utilities etc; provision of suitably designed
protective works; providing wing/ return walls; provision of road markings, road signs etc; all aspects of quality
assurance; clearing the site and handing over the works on completion; rectification of the defects during the Defects
Liability Period and submission of “As-built” drawings and other related documents; and other items of work as may be
required to be carried out for completing the works in accordance with the drawings and the provisions of the contract
and to Insure safety.
(C) Building Works
To be incorporated
D) Other Items
Any other items as required fulfilling all contractual obligations as per the [Cl.1.1] of ITB Biddocuments.
The following documents also from part of the contract: [Cl.2.3(i) of GCC]
Specification of Roads and Bridges (4th edition)
1. The law which applies to the
contract is law of Union of India [Cl.3.1 ofGCC]
2. The language of the contract
documents is English. [Cl.3.1 of GCC]
3. The Schedule of other
contractors [Cl7 of GCC]
4. The schedule of key personnel
[Cl.4.6(B) of Section-I]
5. The minimum insurance cover for physical property, injury and death is Rs. 5 lakhs per occurrence with the
number of occurrences limited to four. After each occurrence, contractor will pay additional premium necessary to make
insurance valid for four Occurrences always. [Cl..12 of GCC]
6. Site investigation report
[Cl..13 of GCC]
7. The Site Possession Dates shall be same as date of letter toproceed With the work
[Cl.19 of GCC]
8. Fees and types of reimbursable expenses to be paid to the Dispute Review Expert (As perclause 23 of GCC)
9. Appointing Authority for the Dispute Review Expert – To be nominated in the Biddingdocument) (As per clause
23of GCC)
10. The period for submission of the programme for approval of Engineer shall be [Cl.26 of GCC]21 days from the
issue of Letter of Acceptance.
11. The period between

Programme updates shall be 30 days. [Cl.26 ofGCC]
12 The amount to be withheld for late submission of an updated programme shall beRs. lacs).[Cl.26 of GCC]
13. The currency of the contract is Indian Rupees. [Cl..40 ofGCC]

14. The formula (e) for adjustment of price are : (Not Applicable)
15. The proportion of payments retained (retention money) shall be 10%. from each bill subject to amaximum
of 5% of final contract price.
16. Bonus for early completion of Shall be As per clause 45 OF GCC whole of the works
17. The Securities shall be for the following minimum amounts equivalent as a percentage of the
Contract Price: Performance Security of 5% of contract price.
18 The standard form of Performance Security acceptable to the Employer shall be CDR/FDR or an
unconditional Bank Guarantee of the type as presented in clause 20.6.1.8 (Annexure I) of the Standard
Bidding Document.
19. The Schedule of Operating and Maintenance Manuals Not Applicable.

20 The date by which “as-built” drawings (in scale as directed) in 2 sets are required is Within 28days of issue
of certificate of completion of whole or section of the work, as the case may be.
21 The amount to be withheld for failing to supply “as built” drawings by the data required
Rs. 2% of contract value.
22. The following event shall constitute fundamental breach of contract. “The Contractor hasContravened
Clause 9 of GCC.” [Cl.53 of GCC]
24. The percentage to apply to the value of the work not completed representing the Employer’sadditional cost
for completing the Works shall be 20 percent [.Cl.54 of GCC]
20.6.1.6 TECHINCAL SPECIFICATION

Specification for Road & Bridge works, MORT&H (4th Revision) with latest amendmentsthereto and
relevant
IRC specifications shall be followed in execution of the project.
20.6.1.7 BILL OF QUANTITIES (BOQ)

Annexure-I
20.6.1.8 SECURITIES AND OTHER FORMS

In Original
BID SECURITY (BANK GUARANTEE)
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”).KNOW ALL
PEOPLE by these presents that We [Name of Bank] of
[Name of Country]having our registered
office at (hereinafter called “the Bank”)are bound unto the
Name of Employer](hereinafter called “the
Employer”)in the sum of * for which
payment well and truly to be made to the said Employer the Bank binds himself, his successors and
assigns by these presents.
SEALED with the Common Seal of the saidbank this day of 20 . THE
CONDITIONS of this obligation are:
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 of 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 Instruction 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 both of the two conditions, specifying
the occurred condition or conditions.
This Guarantee will remain in force up to and including the date ............................. **days after the end
of the validity period of the bid stated in the Instructions to Bidders or as it may be extended by the
Employer, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this
Guarantee should reach the Bank not later than the above date.
DATE SIGNATURE
WITNESS SEAL
[Signature, Name, and Address]
* 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
.
Annexure-II
(BID Validity)
UNDERTAKING
1. The undersigned do hereby undertake that our firm M/s
agree to abide by this bid
for a period ________120 (one hundred and twenty) days for the
date fixed for receiving the same and it shall be binding on us and may be accepted at any
time before the expiration ofthat period.
(Signed by an Authorized Officer of the Firm)
Title of Officer
Time of firm
Date
Annexure-III
Credit facility
SAMPLE FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CREDIT

FACILITIES (CLAUSE 4.2 (I) OF ITB)
BANKCERTIFICATE
This is to certify that M/s._

company with a good financial standing. If the contract for the work, namely
is a reputed
is awarded to the above firm, we shall be able to provide overdraft/ credit

facilities to theextent of 10% of Advertised Cost to meet their working capital
requirements for executing the above contractduring the contract period.
(Signature) Name of
Bank Address of the
Bank
Annexure-IV
AFFIDAVIT on correctness of Information furnished with the Bid.
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 National
Highways in India /any other work of state Government or central Govt. Nor any contract awarded to
us for such works have been rescinded, during last five years prior to the date of this bid.
That our firm has not been black listed or debarred in any state or central Govt. department .Neither
our firm has any history of litigations.
In case the contract for the work is awarded in our favour we shall invest a minimum cash up to 25%
of value of the contract during the implementation of work.
We authorise the department to seek references from our bankers
Name of bank is Branch Account No.
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.
WE solemnly affirm that the information give in the bid is correct to the best of my knowledge and
belief and nothing of any sort has been concealed.
Note: Affidavit to be notarized.

Title of Officer
Name of Firm
DATE
Annexure-V
PERFORMANCE BANK GUARANTEE
To,
.............................................. [Name of Employer]
………………………… …[ address of Employer]
……………………………………………………………..….
WHEREAS [name and address of
Contractor] (hereinafter called “the Contractor”) has undertaken, in pursuance of Contract
No. dated to execute _ [name of
Contract and brief description of Works] (hereinafter called “the Contract”);AND WHEREAS it
has been stipulated by you in the said Contract that the Contractor shall furnish you with a Bank
Guarantee by a Nationalized/Scheduled bank of India for the sum specified therein as security for
compliance with his obligations 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 Rs. [amount of guarantee] (Rupees )
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 you 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 be valid until 28 days from the date of expiry of the Defects Liability Period.
Signature and seal of the guarantor
Name and Designation
Name of the 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.
Annexure-VI
UNDERTAKING
The undersigned to hereby undertake that our firm M/s

would invest minimum cash up to 25% of the value of the work during implementation of the
Contract.
Title of Officer
Name of Firm
DATE
Annexure-VII
Letter of Acceptance
(Letterhead paper of the Employer)
…………………………… (Date )
To:
( Name and address of the contractor)
Dear Sirs,
This is to notify that your Bid dated for execution: completion and
maintenance of the (name of the contract and identification number,
as given in the Instruction to Bidders) for the Contract Price of Rs. (Rupees
( ) (amount is words and figures as corrected
and modified in accordance with the Instruction to Bidders1 is her by accepted by our agency
We accept/do not accept that be appointed as the Adjudicator2. You are hereby
requested to furnish Performance Security, in the form detailed in Para 34.1 of ITB for an amount for
an amount equivalent to Rs. within 21 days of the receipt of this letter of acceptance
valid up to 28 days from date of expiry of the Defects Liability Period i.e up to and
sign the contract failing which action as stated in clause 34.3 of “Instructions to Bidders” will be
taken.
. Yours faithfully
Authorized signatory
(Name & title of signatory
(Name of Agency)
1. Delete “corrected and” or “and modified” if only one of these actions, Delete as corrected and
modified in accordance with the Instructions to Bidders, if corrections or modifications have not been
affected.
2. To be used only if the contractor disagrees in his Bid with the Adjudicator proposed by the
Employer in the “Instructions to Bidders”.
Annexure-VIII
Issue of Notice to proceed with the work
(Letterhead of the Employer)
(Date)
To,
(Name and address of the Contractor)
Dear Sir (S)

Pursuant to your furnishing the requisite performance security as stipulated in ITB clause 34.1 and
signing of the contract for the construction of ________at 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,
(Signature, name and

title of signatory
authorized to sign on
behalf of Employer)
Agreement Form
Agreement
Annexure-IX
This agreement made the day of . between
(name and address of

Employer) (herein after called “theEmployer)” and __
(name and address of Contractor) (hereinafter called “the Contractor” of the other part). Whereas
the Employer is desirous that the Contractor execute
name and identification number of Contract) (hereinafter called “the Works”) and the Employer
s 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._ NOW THIS AGREEMENT
WITNESSETH as follows:
1. In this Agreement, words and expression shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to, and they shall be deemed
to form and be read and constructed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as hereinafter
mentioned, the Contractor hereby covenants with the Employer to execute and complete the
works and remedy any defects therein conformity in all aspects with the provisions of the
Contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution and
completion of the Works and the remedying the defects wherein the Contract price or such other
sum as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.
4. The following documents shall be deemed to form and be read and constructed as part of this
Agreement viz:
i) Letter of Acceptance
ii) Notice to proceed with the works:
iii) Contractor’s Bid;
iv) Contract Data:
v) Conditions of Contract : Special Conditions of Contract;
vi) Additional condition:
vii) Drawings:
viii) Bill of quantities and
ix) Any other document listed in the Contract Data as forming part ofthe contract.
In witnessed whereof the parties there to have caused this Agreement to be executed the day and
year first before written.
The Common Seal of .................. was hereunto affixed in the presence of: Signed, Sealed and
Delivered by the said……………………………………………………………………………
......................................................................................................................................................
in the presence of:
Binding Signature of Employer.......................................................................................................

Binding Signature of Contractor....................................................................................................
20.6.1.9 Drawings & BOQ
The necessary drawings and BOQ to be annexed.

----------End of Standard Bidding Document----------
Signature Not Verified

Digitally signed by RAIS ASLAM
MAKHDOOMI
Date: 2024.12.08 21:35:27 IST
Location: Jammu and Kashmir-JK

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IPB/IAB Page 1 of 60

Government of Jammu and Kashmir

PWD STANDARD BIDDING DOCUMENT (Two Cover System)

Name of work :- Construction of Multi-Purpose Sports Hall GDCW Baramulla.

NIT No. :- 94/8645-54/2024-25/RnB/Bla Dated 07.12.2024

Advt. cost :- Rs 265.01 Lacs

PW(R&B) Division Baramulla

Instructions to Bidders (ITB)

4 Qualification of Bidder E Bid Opening and Evaluation

5 One Bid per Bidder

6 Cost of bidding 22 Bid opening

7 Site visit 23 Process to be confidential

B Bidding Documents 25 Examination of Bids and Determination of

8 Content of Bidding Responsiveness.

C Preparation of Bids 28 Employer’s Right to Accept any Bid and

11 Language of Bid 29 Notification of Award and Signing of

12 Documents Comprising Agreement.

13 Currencies of Bid and 31 Advance Payment.

14 Bid Validity 32 Dispute review Expert.

15 Bid Security 33 Corrupt or Fraudulent practices.

4.0 Qualification of the Bidder (Technical Bid Qualification)

4.4 (A) Pre-qualification criteria:

The applicant should have:

4.5 (B) Each bidder should further demonstrate:

1 Tipper /Trucks 5-7 3 5

LIST OF KEY PLANT & EQUIPMENT TO BE DEPLOYED ON CONTRACT WORK FOR

Maximum Age Work Above 15crores

18 cold milling machine 5 1 1

20 Hot Mix Plant with Electronic 5 1 1

LIST OF KEY PERSONNEL TO BE DEPLOYED ON CONTRACT WORK

Available Bid capacity = (AxNxM-B)

5. One Bid per Bidder

6. Cost of Bidding Document

8. Content of Bidding Documents

1. Notice Inviting Tender

9. Clarification of Bidding Documents

9.2 Pre-bid Meeting

10. Amendment of Bidding Documents

12. Document Comprising the Bid (Two cover system)

Part I shall be named “Technical Bid” and shall comprise.

i) Bid Security as per format.

(i) Priced Bill of Quantities as per BOQ

13. Bid Prices:

14 Currencies of Bid and Payment

17 Alternative Proposal by Bidders

Online Submission of Bids

22 Bid Opening and Evaluation

24 Clarification of Bids and contacting the Employer: -

25 Examination of Bids and Determination of Responsiveness

26 Evaluation and Comparison of Financial Bids

26.4 Unbalanced Bid: (presently not applicable as per Government directions)

INTEGRITY PACT PWD

(Duly authorized signatory of the Bidder)

Article 1: Commitment of the Principal/Owner

Article 4: Previous Transgression

Article 6- Duration of the Pact

Article 8- LEGAL AND PRIOR RIGHTS

27.0 Award Criteria

31 No Advance Payment whatsoever shall be made by the department to the Contractor.

32 Dispute Review Expert: